This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 328-D:6-a · Off-label Use of Prescription Drugs; When Permitted

Title: XXX: OCCUPATIONS AND PROFESSIONS
Chapter: 328-D · PHYSICIAN ASSOCIATES
Status: current
Official source linked: Yes

Official source Copy section link

328-D:6-a Off-label Use of Prescription Drugs; When Permitted. – The state of New Hampshire confirms its strong support for shared decision making between healthcare professionals and their patients. A licensee may lawfully prescribe an FDA approved drug product for an off-label indication and be held to the same standard of care as when prescribing for on-label indication when:

Copy link

Off-label use of the drug product for this indication has longstanding common use;

Copy link

II.

There is medical evidence to support this use and no known evidence contraindicating such use, including but not limited to peer reviewed studies and practice guidelines from relevant medical societies; or

Copy link

III.

The licensee has provided and the patient, or if the patient is a minor, the patient's parent or guardian, has signed an informed consent form that includes the known potential benefits, known potential risks, alternative treatment options, expected prognosis without treatment, and a disclosure that a prescription is for an off-label indication. The signed informed consent form shall remain part of the patient's medical record. Source. 2022, 306:3, eff. July 1, 2022.

Copy link

Source note

Source. 2022, 306:3, eff. July 1, 2022.

Source history

2022, 306:3, eff. July 1, 2022

Related materials

Bill relationships

2026 HB1321 reference
n of Elective Intravenous Therapy. Elective intravenous therapy may only be prescribed or ordered by a physician licensed under this chapter, a physician associate licensed under RSA 328-D acting within the scope of their practice, or an advanced practice registered nurse licensed under RSA 326-B acting within the scope of their practice. 329:56 Administration of Elective Intravenous Therapy. Electiv
2026 HB1772 amend
rs may administer ibogaine under the framework of an FDA-approved research protocol. 2 New Section; Physician Associates; Physician Associate Licensure Compact Adopted. Amend RSA 328-D by inserting after section 18 the following new section: 328-D:18-a Physician Associate Licensure Compact Adopted. The state of New Hampshire hereby adopts the provisions of the physician associate licensure compac
2026 HB1772-FN-A amend
rs may administer ibogaine under the framework of an FDA-approved research protocol. 2 New Section; Physician Associates; Physician Associate Licensure Compact Adopted. Amend RSA 328-D by inserting after section 18 the following new section: 328-D:18-a Physician Associate Licensure Compact Adopted. The state of New Hampshire hereby adopts the provisions of the physician associate licensure compac
2026 HB1796 reference · effective 2027-01-01
. “Qualified medical psilocybin provider” means a physician, surgeon or osteopathic physician and surgeon licensed pursuant to RSA 329, a physician associate licensed pursuant to RSA 328-D, or an advanced practice registered nurse pursuant to RSA 326-B, who is registered by the department to recommend treatment with psilocybin. XX. “Qualified therapy provider” means a physician and surgeon or osteopat
2026 HB1796-FN reference · effective 2027-01-01
. “Qualified medical psilocybin provider” means a physician, surgeon or osteopathic physician and surgeon licensed pursuant to RSA 329, a physician associate licensed pursuant to RSA 328-D, or an advanced practice registered nurse pursuant to RSA 326-B, who is registered by the department to recommend treatment with psilocybin. XX. “Qualified therapy provider” means a physician and surgeon or osteopat
2026 SB402 amend
ssociates. Be it Enacted by the Senate and House of Representatives in General Court convened: 55:1 New Section; Occupations and Professions; Physician Associates. Amend RSA 328-D by inserting after section 19 the following new section: 328-D:20 Certain Contract Restrictions Upon Physician Associates Unenforceable. Any contract or agreement that creates or establishes terms of a partnership, em
2026 SB402-FN amend
ssociates. Be it Enacted by the Senate and House of Representatives in General Court convened: 55:1 New Section; Occupations and Professions; Physician Associates. Amend RSA 328-D by inserting after section 19 the following new section: 328-D:20 Certain Contract Restrictions Upon Physician Associates Unenforceable. Any contract or agreement that creates or establishes terms of a partnership, em
2026 SB425 amend
Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Physician Associates; Physician Associate Licensure Compact Adopted. Amend RSA 328-D by inserting after section 18 the following new section: 328-D:18-a Physician Associate Licensure Compact Adopted. The state of New Hampshire hereby adopts the provisions of the physician associate licensure compac
2026 SB425-FN amend
Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Physician Associates; Physician Associate Licensure Compact Adopted. Amend RSA 328-D by inserting after section 18 the following new section: 328-D:18-a Physician Associate Licensure Compact Adopted. The state of New Hampshire hereby adopts the provisions of the physician associate licensure compac