Nebraska Attorney General: Physicians Should be Allowed to Use Off-Label Ivermectin & Hydroxychloroquine for COVID-19

Source: Trial Site News

Prescription of Ivermectin or Hydroxychloroquine as Off-Label Medicines for the Prevention or Treatment of Covid-19

In what some might consider a bombshell breakthrough, the Attorney General of the State of Nebraska provided a legal opinion to the state’s Health and Human Services Department head. This just-released formal legal opinion suggests that the off-label use of ivermectin and hydroxychloroquine for the prevention or treatment of COVID-19 is acceptable. The Attorney General’s conclusions: “Allowing physicians to consider these early treatments will free them to evaluate additional tools that could save lives, keep patients out of the hospital, and provide relief for our already strained healthcare system.”  

This bombshell finding comes from a letter from Douglas J. Peterson, Attorney General, as well as James A Campbell, Solicitor General, and Mindy L. Lester, Assistant Attorney General to Dannette R. Smith, Chief Executive Officer, Nebraska Department of Health and Human Services.

Smith requested an analysis from the Attorney General’s Office to assess whether it was unlawful or otherwise subject to discipline under Nebraska law for a licensed health care provider to prescribe ivermectin, hydroxychloroquine, or other “off-label use medications for the treatment of COVID-19” once informed patient consent has been obtained.  

The HHS head was interested in this opinion, since the Health and Human Services Department, via the Division of Publish Health, enforces the Nebraska Uniform Credentialing Act or “UCA.”

The Attorney General provided a detailed, lengthy analysis to the Nebraska HHS lead, declaring that based on the available data, they “do not find clear and convincing evidence that a physician who first obtains informed consent and then utilizes ivermectin or hydroxychloroquine after COVID-19 violates UCA.”

Of course, there are exceptions. The physician must A) secure informed consent, B) not deceive their patients, C) not prescribe excessively high doses, D) check for contraindications, and E) not engage in other misconduct. 

In this bombshell of a letter, the Attorney General brought up disturbing trends evidencing misinformation during the pandemic, questionable studies (such as the one in The Lancet about hydroxychloroquine), which were then retracted, and other evidence of misinformation targeting off label drugs.

The analysis’ conclusion reads:

CONCLUSION

Based on the available data, we do not find clear and convincing evidence that a physician who first obtains informed consent and then utilizes ivermectin or hydroxy­chloroquine for COVID-19 violates the UCA.

This conclusion is subject to the limits noted throughout this opinion. Foremost among them are that if physicians who prescribe ivermectin or hydroxychloroquine neglect to obtain informed consent, deceive their patients, prescribe excessively high doses, fail to check for contraindications, or engage in other misconduct, they might be subject to discipline, no less than they would be in any other context.

As we have stressed throughout, this opinion is based only on the data and information available at this time. If the relevant medical evidence materially changes, that could impact our conclusions. Also, though an opinion from our office about possible UCA violations would ordinarily focus on healthcare practices within Nebraska, the context of a global pandemic necessitates looking for evidence far beyond our State’s borders, as we have done here. Thus, the analytical roadmap in this opinion likely has limited application outside the circumstance of a global pandemic.

We emphasize in closing that our office is not recommending any specific treat­ments for COVID-19. That is not our role. There are multiple treatment options outside the scope of this opinion – including treatments that have been officially approved by the FDA-that physicians and their patients should carefully consider. This opinion takes no position on them.

Rather, we address only the off-label early treatment options discussed in this opinion and conclude that the available evidence suggests that they might work for some people. Allowing physicians to consider these early treatments will free them to evaluate additional tools that could save lives, keep patients out of the hospital, and provide relief for our already strained healthcare system.

Please refer to this important document here: Nebraska Attorney General

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