(1) A licensing board shall not revoke, fail to renew, suspend, or take any action against a licensed health care provider based solely o n the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. (2) The Cabinet for Health and Family Services shall not take action against a health care provider's Medicare or Medicaid certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product, or device.
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