‘ 1-A. Prescription drug step therapy. The clinical review criteria used by a carrier in approving prescription drugs:
A. May not prevent a health care practitioner from prescribing a medication for an off-label use;
B. May not require failure on the same medication on more than one occasion for patients continuously enrolled in a health plan offered by the carrier; and
C. May not prevent a health care practitioner from prescribing a medication on more than one occasion when the health care practitioner determines it is medically appropriate.
A carrier may not require failure on one or more drugs as a condition of prior authorization for a nonpreferred drug unless an enrollee has affirmatively agreed to the condition each time a carrier seeks to impose such a condition. Nothing in this subsection may be construed to prevent a carrier from collecting tiered copayments from enrollees not subject to the prior authorization requirements set forth in this subsection.’