House committee approves bill shielding prescribers, pharmacists who use FDA‑approved drugs off label

House Labor, Health & Social Services Committee on Monday voted to advance House Bill 164, a measure that would protect prescribers and pharmacists who prescribe or dispense U.S. Food and Drug Administration‑approved drugs for off‑label uses from certain disciplinary actions.

The bill’s sponsor, Representative Gary Brown, said the measure “codifies what is going on now” by authorizing prescribers and pharmacists to use FDA‑approved drugs for off‑label indications so long as they act within their scope of practice. The committee passed the bill, as amended with a severability clause, by a committee roll call the clerk summarized as 7 yes, 1 no and 1 excused.

Supporters said the bill protects clinicians and patient choice. Jason Caswell, a family physician who testified in favor, described cases during the COVID‑19 pandemic when pharmacists refused to fill prescriptions and doctors faced employment consequences for prescribing off‑label treatments. “If you, as a prescriber, explain the options, risks, benefits, alternatives, and then a patient chooses that therapy … who are you or anyone to stand in the way of that?” Caswell told the committee.

The bill text permits prescribers to lawfully prescribe FDA‑approved prescription drugs for off‑label indications and authorizes pharmacists to dispense such drugs pursuant to a valid prescription order. It also…