Chapter 8B. Off-Label Informed Consent.
§ 48–841.01. Short title.
This chapter may be cited as the “Off-Label Informed Consent Act of 2008”.
§ 48–841.02. Definitions.
For the purposes of this chapter, the term:
(1) “FDA” means the federal Food and Drug Administration.
(2) “Off-label use” means the use of a prescription drug for human use to treat a condition that is not included in the labeling for that medication, as approved by the federal Food and Drug Administration.
(3) “Prescriber” means a person who is licensed, registered, or otherwise authorized by the District to prescribe and administer prescription drugs for human use in the course of a professional practice.
§ 48–841.03. Off-label use of medication.
Before prescribing, administering, or furnishing a prescription medication for an off-label use, a prescriber shall make every reasonable effort to:
(1) Explain to the patient, in easily understood terms, that the medication is not within the uses approved for that medication by the FDA; and
(2) Provide the patient with information regarding the potential risks and side effects associated with using the medication for the off-label use.
§ 48–841.04. Penalties.
Failure to comply with this chapter may be used by a health-occupation board as a factor when determining licensure status for a prescriber; provided, that a prescriber shall not be subject to an adverse licensure action if the Board of Medicine determines that the prescribing, administering, or furnishing of the prescription medication for the off-label use was clearly evidence-based and the common practice within the medical community.
