The proposed bill, known as the "Health Care Provider Free Speech and Innovation Act," aims to protect licensed health care providers from disciplinary actions, professional sanctions, or civil and criminal liabilities when they communicate with patients, colleagues, or the public regarding emerging medical research, experimental treatments, innovative therapies, or off-label uses of medications. This protection is contingent upon the communication being made in good faith and not being knowingly false or misleading. The bill emphasizes the importance of timely adoption of medical innovations and the role of health care providers in assessing and recommending treatments based on the latest research and individual patient needs.
Key provisions of the bill include the definition of "health care provider," "innovative therapy," and "good faith," as well as the stipulation that providers cannot face retaliation from licensing boards, employers, or insurers for exercising their rights under this chapter. Additionally, the bill clarifies that it does not compel insurers or employers to adopt non-standard treatments or interfere with private contracts unless they violate the chapter. The bill allows aggrieved health care providers to seek civil remedies, including injunctive relief and damages, while ensuring that the evolving nature of medical science is respected in court. The bill will take effect 60 days after its passage.