Sec. 08.64.367. Use of amygdalin (laetrile); investigational drugs, biological products, or devices.

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(a)A physician may not be subject to disciplinary action by the board for prescribing or administering amygdalin (laetrile) to a patient under the physician's care who has requested the substance unless the board in a hearing conducted under AS 44.62 (Administrative Procedure Act) has made a formal finding that the substance is harmful.

(b)A hospital or health facility may not interfere with the physician-patient relationship by restricting or forbidding the use of amygdalin (laetrile) when prescribed or administered by a physician and requested by a patient unless the substance as prescribed or administered by the physician is found to be harmful by the board in a hearing conducted under the provisions of AS 44.62 (Administrative Procedure Act).

(c)A physician may not be subject to disciplinary action by the board for prescribing, dispensing, or administering an investigational drug, biological product, or device, or providing related treatment, to a patient for the purpose of sustaining the patient's life if the patient

(1)has a terminal illness;

(2)is ineligible or unable to participate in a current clinical trial for the investigational drug, biological product, or device;

(3)has considered, after consultation with the physician, all other treatment options currently approved by the United States Food and Drug Administration; and

(4)has given informed consent in writing for the use of the investigational drug, biological product, or device.

(d)In this section,

(1)“investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed Phase 1 studies of clinical trials for investigation and remains in ongoing clinical trials under Phase 2 or Phase 3 or is in the new drug application process following Phase 3 of clinical trials, but has not been approved for general use by the United States Food and Drug Administration;

(2)“terminal illness” means a disease that, without life-sustaining procedures, will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely.