Maryland 2024 Regular Session

Maryland House Bill HB1132

Introduced
2/7/24  

Caption

Drugs, Biological Products, and Devices - Off-Label Use - Promotion

Impact

If enacted, the bill significantly shifts the regulatory landscape for promotional activities concerning pharmaceuticals. By clearly stating that state employees cannot enforce laws against those promoting off-label uses, it effectively diminishes state control over how drugs can be marketed when used in ways not specifically authorized by FDA labels. This change may incentivize pharmaceutical companies to provide more information to healthcare providers about alternative uses for their products, potentially benefiting patient care but posing challenges for regulatory oversight.

Summary

House Bill 1132 seeks to amend state laws regarding the promotion of off-label uses of drugs, biological products, and devices. Specifically, the bill allows pharmaceutical manufacturers and their representatives to truthfully promote off-label uses without the risk of state enforcement actions. This means that, under the proposed law, engaging in truthful promotion of off-label uses will not result in disciplinary action against pharmaceutical manufacturers or healthcare providers by state regulatory bodies. This initiative is seen as a response to the complexities and limitations surrounding off-label marketing in the pharmaceutical industry.

Contention

There are notable concerns about the implications of House Bill 1132. Opponents argue that allowing widespread promotion of off-label uses without stringent oversight could lead to misinformation and inappropriate drug usage, thereby endangering patient health. They also express apprehension that the bill may encourage pharmaceutical companies to prioritize profit over patient safety, given that off-label uses are often not subjected to the same rigorous examination as on-label uses. Proponents, however, advocate for the potential benefits of such promotion, suggesting that it can lead to innovations in treatment as healthcare providers become more aware of diverse therapeutic applications.

Companion Bills

No companion bills found.

Previously Filed As

MD A4184

Prohibits excessive increases in prices charged for essential off-patent and generic prescription drugs and biological products.

MD SB2470

Relating to the requirements for the labeling and dispensing of a prescription drug or biological product.

MD SB124

Food, Drugs, and Cosmetics - Gene Structure- and Function-Modifying Products - Labeling

MD HB117

Relative to the substitution of biological products.

MD SB441

Relating to biological products.

MD HB1025

A BILL to amend and reenact §§ 54.1-3442.1, 54.1-3442.2, and 54.1-3442.3 of the Code of Virginia, relating to access to investigational drugs, biological products, and devices; patient with severely debilitating condition.

MD SB5594

AN ACT Relating to reducing prescription drug costs by eliminating barriers impeding access to biosimilar medicines and interchangeable biological products;

MD S0482

Amends the types of products which pharmacists may prescribe as substitute drugs or products to include "devices and supplies" and "therapeutically equivalent drugs and pharmaceuticals".

MD H5855

Amends the types of products which pharmacists may prescribe as substitute drugs or products to include "devices and supplies" and "therapeutically equivalent drugs and pharmaceuticals."

MD HB855

Relating to promoting, prescribing, administering, or dispensing prescription drugs for off-label use.

Similar Bills

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VA HB1989

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VA HB391

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VA HB391

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AR HB1301

To Amend The Prior Authorization Transparency Act.

NJ S2894

Establishes New Jersey Active Pharmaceutical Ingredient Regulatory Commission.

CT SB01355

An Act Concerning Prescription Drugs, Devices And Nonlegend Drugs.

KY SB2

AN ACT relating to correctional facilities.