OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 73 Bill Analysis
135th General Assembly
Click here for H.B. 73’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Gross and Loychik
Effective date:
Elizabeth Molnar, Attorney
SUMMARY
 Authorizes a prescriber to prescribe an off-label drug and generally requires a
pharmacist to dispense the drug, including when a patient has not been tested or
screened for or exposed to a particular disease, illness, or infection.
 Prohibits a licensing board from pursuing a disciplinary action against a prescriber who
prescribes the off-label drug or a pharmacist who dispenses it.
 Prohibits disciplinary action against a licensed health care professional for expressing a
medical opinion that does not align with those of the licensing board, a local board of
health, or the Ohio Department of Health.
 Prohibits a political subdivision, public official, or state agency from enforcing any rule
or order issued by a federal agency that prohibits the use of an off-label drug.
 Prohibits a hospital from denying nutrition or fluids to a patient who has refused a
hospital’s treatment intervention or standard protocol.
 Generally prohibits the hospital from denying the patient’s standard daily medications.
 Names the act the Dave and Angie Patient and Health Provider Protection Act.
DETAILED ANALYSIS
Off-label drugs – prescribing and dispensing
H.B. 73 authorizes a prescriber to issue for a patient a prescription for any drug,
including an off-label drug – if the prescriber has obtained the patient’s informed consent.1
1 R.C. 3792.06(B).
March 9, 2023
Office of Research and Drafting LSC Legislative Budget Office
Under the bill, a prescriber includes a physician, advanced practice registered nurse, physician
assistant, optometrist, or dentist.2 The bill defines an off-label drug as a drug that is
(1) approved by the federal Food and Drug Administration to treat or prevent a disease, illness,
or infection, but prescribed for or used to treat or prevent another disease, illness, or infection
and (2) legal for use in Ohio.3
The bill also requires a pharmacist to dispense the off-label drug, except when the
pharmacist declines to do so on the basis of the pharmacist’s moral, ethical, or religious beliefs
or convictions.4
Authority to prescribe off-label
In general, once the federal Food and Drug Administration (FDA) approves a drug for a
specific indication, it may be prescribed by a health care provider for any indication, absent
state law to the contrary, if the provider judges it medically appropriate. This is often referred
to as “off-label” use.5 The bill codifies that authority.
Test results and positive screenings
The bill specifies that the prescriber and pharmacist are not required to obtain a test
result before issuing the off-label drug’s prescription or dispensing the drug for the patient’s
use at home or for other outpatient treatment.6 Moreover, the patient is not required by the
bill to have had a positive screen for a particular disease, illness, or infection before the
prescriber issues the prescription or the pharmacist dispenses the off-label drug.7
Exposures
The bill also specifies that the patient is not required to have been exposed to a disease,
illness, or infection before a prescriber may issue a prescription for the patient’s prophylactic
use of the off-label drug or a pharmacist dispenses the drug for such use.8
Disciplinary actions
H.B. 73 prohibits the following licensing boards from considering any action taken by a
prescriber or pharmacist under the bill to be unlawful, unethical, unauthorized, or
unprofessional conduct: the State Medical Board, Ohio Board of Nursing, State Dental Board,
2 R.C. 4729.01(I), not in the bill.
3 R.C. 3792.06(A)(3).
4 R.C. 3792.06(C) and R.C. 4743.10, not in the bill.
5 U.S. Food and Drug Administration, Understanding Unapproved Use of Approved Drugs “Off Label”
(February 5, 2018), which is also available by conducting a keyword “off label” search on the FDA’s
website: fda.gov.
6 R.C. 3792.06(B)(1) and (C)(1).
7 R.C. 3792.06(B)(2) and (C)(2).
8 R.C. 3792.06(B)(3) and (C)(3).
P a g e |2 H.B. 73
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
State Vision Professionals Board, and State Board of Pharmacy.9 It further prohibits such a
board from pursuing an administrative or disciplinary action against the prescriber or
pharmacist, except in cases of recklessness or gross negligence.10
Medical opinions
The bill prohibits a board that licenses or regulates a health care professional from
pursuing an administrative or disciplinary action against a prescriber, pharmacist, or other
licensed health professional for publicly or privately expressing a medical opinion that does not
align with the opinions of the board, a local board of health, or the Ohio Department of
Health.11
Hospitals and other health care facilities
Under the bill, a hospital or other health care facility is prohibited from denying
nutrition or fluids to a patient who has refused a hospital’s or facility’s treatment intervention
or standard protocol.12
The bill also prohibits a hospital or other health care facility from denying a patient,
while under the hospital’s or facility’s care, the standard daily medications as prescribed by the
patient’s prescriber, unless that medication conflicts with a medication or treatment
administered by the hospital’s or facility’s employee or agent with the patient’s informed
consent.13
Enforcement of federal rules or orders
The bill prohibits a political subdivision, public official, or state agency from enforcing
any rule or order issued by a federal agency that prohibits the use of an off-label drug.14
HISTORY
Action Date
Introduced 02-27-23
ANHB0073IN-135/ts
9 R.C. 3792.06(D).
10 R.C. 3792.06(D).
11 R.C. 3792.06(D).
12 R.C. 3792.06(F).
13 R.C. 3792.06(F).
14 R.C. 3792.06(E).
P a g e |3 H.B. 73
As Introduced