37-2-503. Health care provider right to advise of lawful health services.
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/mt/title-37/chapter-2/part-5/37-2-503A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
37-2-503 . Health care provider right to advise of lawful health services.
(1)A health care provider may:
(a)make a patient aware of or educate or advise a patient about lawful health care services for which a reasonable basis exists, including the off-label use of health care services;
(b)make a patient aware of or educate or advise a patient about health care-related research or data; and
(c)offer, provide, or make available lawful health care services, including the off-label use of health care services as allowed under state law.
(a)A state agency, a political subdivision of the state, or a private entity under contract with a health professional licensing board provided for in Title 37 may not punish a health care provider, directly or indirectly through a subcontractor or otherwise, for actions taken under this section.
(b)The prohibition on punishment includes an adverse licensure action.
(3)This section does not:
(a)prohibit a health professional licensing board from taking action if a health care provider commits unprofessional conduct arising outside of the actions specified in this section or provides health care services outside of the provider's scope of practice;
(b)impair a private health care entity from establishing standards of practice and communications standards for its employees;
(c)impair any right or limitation on medical liability; or
(d)prevent the reporting of an action to a health professional licensing board regarding medical liability cases, settlements, or decisions.