MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Public Health and Human Services

By: Representative Currie

House Bill 1601

AN ACT TO PROHIBIT THE STATE BOARD OF MEDICAL LICENSURE AND THE MISSISSIPPI BOARD OF NURSING FROM ADOPTING ANY RULE OR POLICY OR TAKING ANY OTHER ACTION THAT PROHIBITS PHYSICIANS OR ADVANCE PRACTICE REGISTERED NURSES FROM PRESCRIBING DRUGS OR MEDICATIONS FOR OFF-LABEL USE; TO PROHIBIT THE STATE BOARD OF PHARMACY FROM ADOPTING ANY RULE OR POLICY OR TAKING ANY OTHER ACTION THAT PROHIBITS PHARMACISTS FROM FILLING PRESCRIPTIONS WRITTEN BY LICENSED PRACTITIONERS FOR OFF-LABEL USE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  As used in this section, the term "off-label use" means prescribing drugs or medications for indications, or using a dosage or dosage form, that have not been approved by the United States Food and Drug Administration.  The term "medications" in this definition includes compounding medications.

     (2)  The State Board of Medical Licensure shall not adopt any rule or policy or take any other action that prohibits physicians from prescribing drugs or medications for off-label use.

     (3)  The Mississippi Board of Nursing shall not adopt any rule or policy or take any other action that prohibits advance practice registered nurses from prescribing drugs or medications for off-label use.

     (4)  The State Board of Pharmacy shall not adopt any rule or policy or take any other action that prohibits pharmacists from filling prescriptions written by licensed practitioners for off-label use.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.