Arizona Approves First State Off-Label Info Bill

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The Arizona legislature has approved the Free Speech in Medicine Act that authorizes drug and medical device companies to communicate truthful off-label treatment information to medical professionals. The bill was supported by the Goldwater Institute, which also has promoted state and federal “right-to-try” legislation.

The institute reports that the legislation passed in both the House and Senate with unanimous, bipartisan support and was signed by Gov. Doug Ducey.

“Curbing the exchange of information about off-label treatments by those with the most knowledge about the drug’s uses, risks, and side effects not only prevents patients from receiving the best possible care [but] it violates the constitutional right to free speech,” said Goldwater Institute executive vice president Christina Sandefur, who wrote model language upon which the Arizona bill is based. The bill restricts legal off-label communication to exchanges between companies and licensed healthcare professionals and does not permit companies to advertise off-label uses directly to the public.

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