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.

(2) (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.