Alabama Enacts Law Safeguarding Doctor-Patient Communication
SB43 prohibits “gag clauses” in contracts between patients and healthcare providers
Governor Kay Ivey has signed Senate Bill 43 (SB43) into law, which preserves open communication between healthcare providers and patients by prohibiting "gag clauses" in contracts with insurers and healthcare facilities.
Sponsored by State Senator Tim Melson (R-Florence), SB43 ensures that physicians and pharmacists can discuss treatment costs, alternative options, and the full range of available care without fear of contractual penalties. The bill passed unanimously in the Senate and received broad support in the House.
The bill was supported by the Medical Association of the State of Alabama (MASA), which has long advocated against “gag clauses.”
"Trust is at the very heart of the doctor-patient relationship," said Dr. Mark LeQuire, president of MASA, in a statement. "This bill ensures that nothing gets in the way of physicians being fully transparent with their patients. No insurance contract or facility policy should ever silence a doctor who is trying to help their patient make an informed decision."
Under the new law, any contractual clause that limits a healthcare provider's ability to share information about treatment costs or alternatives is deemed legally unenforceable. Additionally, the law prohibits insurers and healthcare facilities from retaliating against providers who engage in such discussions.
SB43 is set to take effect on October 1, 2025.
The full text of SB43 is HERE.
