SB312 Alabama 2022 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Co-Sponsor

Jim McClendon

Session

Regular Session 2022

Title

COVID-19, occupational licensing boards prohibited to take adverse action based on physician's recommended COVID-19 treatment, health care facilities and pharmacies required to fulfill patient's COVID-19 treatment request, cause of action provided

Summary

SB312 would shield physicians from certain licensing-board actions when they recommend non-FDA-approved COVID-19 treatments, and require health care facilities and pharmacies to provide or fulfill such treatments, with new liability protections and patient-consent requirements.

What This Bill Does

The bill prevents licensing boards from disciplining doctors for recommending non-FDA-approved COVID-19 treatments if the doctor uses independent medical judgment and the patient signs written informed consent. It requires patients to provide written informed consent before receiving these treatments. It also obligates pharmacies to fill prescriptions for non-FDA-approved COVID-19 treatments and health care facilities to provide off-label COVID-19 treatments upon request. The bill creates civil remedies for violations and grants immunity from liability to compliant pharmacies, facilities, and boards.

Who It Affects

• Physicians/prescribers licensed by Alabama licensing boards: protected from certain adverse actions when they recommend non-FDA-approved COVID-19 treatments with informed consent and professional judgment.
• Patients, pharmacies, and health care facilities: patients gain access to off-label or non-FDA-approved treatments with consent; pharmacies must fill such prescriptions; health care facilities must provide off-label treatments; these entities obtain liability protections if they comply and patients may sue for violations.

Key Provisions

• Prohibits a licensing board from revoking or taking action against a physician for recommending non-FDA-approved COVID-19 treatments if independent medical judgment is used and written informed consent is obtained.
• Requires written informed consent that explains FDA-approved options, identifies the proposed treatment, describes potential outcomes, and releases liability for providers and facilities.
• Requires pharmacies to fill prescriptions for non-FDA-approved COVID-19 treatments and prohibits blocking access solely because FDA approval is lacking.
• Requires health care facilities to provide off-label COVID-19 treatments upon patient request.
• Creates civil remedies for violations, including injunctive relief and attorney fees, for both physicians against boards and patients against pharmacies or facilities.
• Immunity from civil liability is granted to pharmacies/pharmacists and to licensing boards and health care facilities that comply with the bill’s provisions.
• Adds definitions for key terms such as COVID-19, license, occupational licensing board, pharmacy, off-label use, and written informed consent.
• Effective immediately upon governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Covid-19