relative to the right of licensed health care providers to freely communicate with patients, colleagues, and the public about medical information, emerging therapies, and treatment options.
What changed between versions
The protection for communicating about off-label uses of medications was narrowed from all medications to only 'FDA-approved medications,' meaning providers would not have free speech protection when discussing off-label use of non-FDA-approved substances.
The enforcement section was substantially rewritten: the standard changed from being 'aggrieved under this chapter' to 'who alleges a violation of this chapter'; the action must now be brought in superior court; it can be brought against 'any person or entity responsible for the violation'; and the available remedies were changed from injunctive relief, reinstatement, damages, or other appropriate remedies to declaratory judgment and reinstatement to professional position or licensure status.
Minor clarification changing 'another provider' to 'another health care provider' in subsection I(a) for consistency with the defined term used throughout the chapter.
