# Legality of Nevada malaria treatment ban **URL:** \ **Category:** The Quarantine Zone\ **Tags:** covid-quarantine\ **Created:** [March 25, 2020, 12:12pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247 "2020-03-25T12:12:51Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Jim\_Peebles](https://avatars.discourse-cdn.com/v4/letter/j/5f9b8f/32.png) [@Jim\_Peebles](https://boards.straightdope.com/u/Jim_Peebles)\ **Post date:** [March 25, 2020, 12:12pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/1 "2020-03-25T12:12:51Z")
From: > **[Correction: Virus Outbreak-Nevada Story](https://www.usnews.com/news/best-states/nevada/articles/2020-03-24/nevada-governor-bars-malaria-drugs-for-coronavirus-patients)** > > In a story March 24, 2020, about coronavirus in Nevada, The Associated Press erroneously reported that Gov. Steve Sisolak signed an emergency order barring the use of anti-malaria drugs to treat people with coronavirus. “Sisolak [the Governor if Nevada] signed an emergency order earlier Tuesday barring the use of anti-malaria drugs for someone who has the coronavirus. The order restricting chloroquine and hydroxychloroquine came after President Donald Trump touted the medication as a treatment and falsely stated that the Food and Drug Administration had just approved the use of chloroquine to treat patients infected with coronavirus. Sisolak said in a statement that there’s no consensus among experts or Nevada doctors that the drugs can treat people with COVID-19.” Is this even legal? What about the “right to try” law? What about off label use of an FDA drug approved for something else? Is the Nevada Governor practicing medicine without a license? Can anyone harmed or whose family members are harmed from not being able to use the drugs to treat Covid-19 sue him? How can he be removed from office? ---
**Author:** ![Melbourne](https://avatars.discourse-cdn.com/v4/letter/m/b5e925/32.png) [@Melbourne](https://boards.straightdope.com/u/Melbourne)\ **Post date:** [March 25, 2020, 10:13pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/2 "2020-03-25T22:13:51Z")
Here’s the text of the NYC ban: > [@](#): > > No pharmacist shall dispense hydroxychloroquine or chloroquine except when written as prescribed for an FDA-approved indication; or as part of a state approved clinical trial related to COVID-19 for a patient who has tested positive for COVID-19, with such test result documented as part of the prescription. No other experimental or prophylactic use shall be permitted, and any permitted prescription is limited to one fourteen day prescription with no refills. [https://www.governor.ny.gov/news/no-20210-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency](https://www.governor.ny.gov/news/no-20210-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency) Nevada is generally the same, I think Ohio is another, and I don’t know how many other states. I think the article you quote misrepresents what Trump literally said about FDA approval: they are welcome to their opinion, but it won’t win any converts in the “Trump vs liberal media” war ---
**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\ **Post date:** [March 25, 2020, 10:29pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/3 "2020-03-25T22:29:37Z")
> [@](#): > > No pharmacist shall dispense hydroxychloroquine or chloroquine except when written as prescribed for an FDA-approved indication; or as part of a state approved clinical trial related to COVID-19 for a patient who has tested positive for COVID-19, with such test result documented as part of the prescription. No other experimental or prophylactic use shall be permitted, and any permitted prescription is limited to one fourteen day prescription with no refills. It seems to me that’s a mostly reasonable limitation to be enacted in a time of emergency on a regulated/prescription-only substance which has great medical use but is currently being blatantly misused despite recommendations to the contrary, and is now dangerously scarce for legitimate use. I worry about the “14 day no refills” language though, and hope that doesn’t prevent folks with rheumatologic diseases from getting their prescriptions refilled. I just started a new lupus patient on it the other week and he’ll need it daily, perhaps for life (and yes, it’s often lupus and House is an idiot who deservedly got kicked out of my alma mater). ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [March 25, 2020, 10:32pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/4 "2020-03-25T22:32:57Z")
> [@Jim\_Peebles](#): > > From: > [https://www.usnews.com/news/best-states/nevada/articles/2020-03-24/nevada-governor-bars-malaria-drugs-for-coronavirus-patients](https://www.usnews.com/news/best-states/nevada/articles/2020-03-24/nevada-governor-bars-malaria-drugs-for-coronavirus-patients) > “Sisolak [the Governor if Nevada] signed an emergency order earlier Tuesday barring the use of anti-malaria drugs for someone who has the coronavirus. The order restricting chloroquine and hydroxychloroquine came after President Donald Trump touted the medication as a treatment and falsely stated that the Food and Drug Administration had just approved the use of chloroquine to treat patients infected with coronavirus. Sisolak said in a statement that there’s no consensus among experts or Nevada doctors that the drugs can treat people with COVID-19.” > Is this even legal? What about the “right to try” law? What about off label use of an FDA drug approved for something else? Is the Nevada Governor practicing medicine without a license? Can anyone harmed or whose family members are harmed from not being able to use the drugs to treat Covid-19 sue him? How can he be removed from office? Shouldn’t you prove that the drugs have any positive effect on coronavirus before you advocate using them? You can’t, though. There is no proof. And you are misunderstanding the “right to try” law. > [@](#): > > Right-to-try laws are U.S. state laws and a federal law that were created with the intent of allowing terminally ill patients access to experimental therapies (drugs, biologics, devices) that have completed Phase I testing but have not been approved by the Food and Drug Administration (FDA). Basically, whenever you try to call for something that in your own cite says was "falsely stated " you’re starting from deep in a hole. ---
**Author:** ![RioRico](https://avatars.discourse-cdn.com/v4/letter/r/f04885/32.png) [@RioRico](https://boards.straightdope.com/u/RioRico)\ **Post date:** [March 25, 2020, 10:50pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/5 "2020-03-25T22:50:37Z")
Those questioning the constitutionality or legality of emergency orders are welcome to file suit in appropriate courts. Have (m)any such suits been filed? What are the outcomes? ---
**Author:** ![psychobunny](https://avatars.discourse-cdn.com/v4/letter/p/54ee81/32.png) [@psychobunny](https://boards.straightdope.com/u/psychobunny)\ **Post date:** [March 25, 2020, 10:51pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/6 "2020-03-25T22:51:17Z")
[Here](https://www.buzzfeednews.com/article/salvadorhernandez/coronavirus-chloroquine-patient-shortage) and [here](https://www.buzzfeednews.com/article/tanyachen/kaiser-permanente-lupus-chloroquine?utm_source=yahoo&utm_medium=referral&utm_campaign=in-text-link) are just two stories of people being unable to get their medications for Sjogren’s and lupus because of shortages caused by hoarding. Several pharmacy boards have sent out notices to pharmacies not to fill prescriptions without a valid doctor patient relationship because so many doctors were writing prescriptions for themselves, friends and family. It’s not an easy call. People with autoimmune diseases are presumably at higher risk for complications from Covid 19 especially since the alternatives to hydroxychloroquine are strong immunosuppressive medications. Word is that the local pharmacies are all out anyway. Oh, and if this were the pit I would have some choice words about Kaiser in that second link telling a patient she would have to stop her plaquenil and thanking her for her sacrifice. ---
**Author:** ![Mama\_Zappa](https://avatars.discourse-cdn.com/v4/letter/m/71e660/32.png) [@Mama\_Zappa](https://boards.straightdope.com/u/Mama_Zappa)\ **Post date:** [March 25, 2020, 11:34pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/7 "2020-03-25T23:34:17Z")
> [@Qadgop\_the\_Mercotan](#): > > It seems to me that’s a mostly reasonable limitation to be enacted in a time of emergency on a regulated/prescription-only substance which has great medical use but is currently being blatantly misused despite recommendations to the contrary, and is now dangerously scarce for legitimate use. > > I worry about the “14 day no refills” language though, and hope that doesn’t prevent folks with rheumatologic diseases from getting their prescriptions refilled. I just started a new lupus patient on it the other week and he’ll need it daily, perhaps for life (and yes, it’s often lupus and House is an idiot who deservedly got kicked out of my alma mater). A friend and her adult daughter are both on this for an autoimmune disorder (dunno if it is lupus specifically) - and they are very, very worried about having enough. One of them had run out and they were sharing the other prescription, hoping they would be able to get more before that ran out too. ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [March 25, 2020, 11:47pm UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/8 "2020-03-25T23:47:28Z")
Hey this is from another thread, from a long time ago, like 2 weeks. > [@Spring Break in Vegas.. Cancel?](https://boards.straightdope.com/t/spring-break-in-vegas-cancel/849365/7): > > I think Vegas would be a bad vacation. But I am not changing any of my plans for coronavirus. I think it is an overblown run of the mill virus. I asked you for a response there, but it looks like you aren’t subscribed to that thread. So what do you think today about the overblown run of the mill virus? ---
**Author:** ![Jim\_Peebles](https://avatars.discourse-cdn.com/v4/letter/j/5f9b8f/32.png) [@Jim\_Peebles](https://boards.straightdope.com/u/Jim_Peebles)\ **Post date:** [March 26, 2020, 12:06am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/9 "2020-03-26T00:06:11Z")
I’m not worried about it, but one is considered a public health threat if one says that. I’m convinced the antimalarial drugs work (when combined with zinc and azithromycin), and on the off chance I get a serious case I would ask my doctor for it. I don’t see how it is legal for a governor to tell doctors they cant give antimalarials to patients with serious cases of coronavirus. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [March 26, 2020, 12:12am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/10 "2020-03-26T00:12:16Z")
> [@Jim\_Peebles](#): > > I’m not worried about it, but one is considered a public health threat if one says that. Not true. > [@Jim\_Peebles](#): > > I’m convinced the antimalarial drugs work (when combined with zinc and azithromycin) :rolleyes: Are you stocking up on Forsythia? You totally should. ---
**Author:** ![Jim\_Peebles](https://avatars.discourse-cdn.com/v4/letter/j/5f9b8f/32.png) [@Jim\_Peebles](https://boards.straightdope.com/u/Jim_Peebles)\ **Post date:** [March 26, 2020, 12:14am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/11 "2020-03-26T00:14:13Z")
> [@Snowboarder\_Bo](#): > > Not true.:rolleyes: > > Are you stocking up on Forsythia? You totally should. Maybe. Can you convince me to? ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [March 26, 2020, 12:35am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/12 "2020-03-26T00:35:24Z")
> [@Jim\_Peebles](#): > > Maybe. Can you convince me to? It seems like the bar is pretty low on that. ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [March 26, 2020, 1:02am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/13 "2020-03-26T01:02:29Z")
> [@Jim\_Peebles](#): > > … I’m convinced the antimalarial drugs work (when combined with zinc and azithromycin), … OK, so , like, why? ---
**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\ **Post date:** [March 26, 2020, 1:08am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/14 "2020-03-26T01:08:01Z")
> [@Snowboarder\_Bo](#): > > Are you stocking up on Forsythia? You totally should. I have some of tbose in my yard. Should I eat the branches, too, or just the leaves and flowers? ---
**Author:** ![nearwildheaven](https://avatars.discourse-cdn.com/v4/letter/n/90db22/32.png) [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)\ **Post date:** [March 26, 2020, 1:23am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/15 "2020-03-26T01:23:30Z")
I just saw that Nevada’s 14-day limit is for NEW (hydroxy)chloroquine patients, and in addition, the pharmacist must call the prescriber AND SPEAK DIRECTLY TO THEM, get the patient’s ICD-10 diagnosis, and document it. These drugs ARE allowed to be used for hospitalized patients. ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [March 26, 2020, 1:31am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/16 "2020-03-26T01:31:47Z")
> [@bobot](#): > > OK, so , like, why? Jim. Jim Peebles. Calling Jim Peebles, did you somehow miss this question? I mean, I’ll ask again, repeatedly, I don’t mind. You there, Jim Peebles? ---
**Author:** ![Jim\_Peebles](https://avatars.discourse-cdn.com/v4/letter/j/5f9b8f/32.png) [@Jim\_Peebles](https://boards.straightdope.com/u/Jim_Peebles)\ **Post date:** [March 26, 2020, 1:52am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/17 "2020-03-26T01:52:14Z")
> [@bobot](#): > > OK, so , like, why? This recent research paper has been all over the news: > **[Home - IHU Méditerranée Infection](https://ihu-medinfection.com/)** > > IHU Méditerranée Infection Recherche et soin en action À Marseille, dans un lieu unique et d’avant garde, nous travaillons chaque jour à faire avancer le soin, la recherche et l’enseignement pour mieux combattre les maladies infectieuses. Nouvelle... And doctors seem to believe it, to the point they are being accused of prescribing it to themselves and their families: [https://www.yahoo.com/news/states-doctors-stockpiling-trial-coronavirus-190038095.html](https://www.yahoo.com/news/states-doctors-stockpiling-trial-coronavirus-190038095.html) ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [March 26, 2020, 3:07am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/18 "2020-03-26T03:07:38Z")
Let’s make this simple. Passing along links that you’ve haven’t checked out and probably just lifted from some right-wing blog isn’t going to work in any place where people are going to look beyond the headlines. What is the reality of “Hydroxychloroquine and azithromycin as a treatment of COVID-19”? Slim to none. There are hundreds of news articles explaining this if you cared to look. I’ll link to just one, from [Contagion](https://www.contagionlive.com/news/how-does-hydroxychloroquine-and-azithromycin-combination-therapy-measure-up-for-covid19-treatment), “a fully integrated news resource covering all areas of infectious disease.” It has an interview with "Jason Pogue, PharmD, BCPS, BCIDP, clinical professor of infectious diseases, at the University of Michigan College of Pharmacy, [who] speaks with Contagion®’s Senior Editor Michaela Fleming to share his thoughts on the recently published study “Hydroxychloroquine and azithromycin as a treatment of COVID-19: results of an open label non-randomized clinical trial.” Bottom line. I’ll make this short, too. > [@](#): > > Contagion®: So final thoughts on this, should patients be receiving this combination therapy then? > > Pogue: Yeah, so simply put, my answer would be no. But I think that I have to elaborate on that a little bit. Although these data look good on the surface, I think there are a number of limitations to this data set that we need to talk about. Again, we have to be able to critically assess these data as they come out. > > The first thing that I would comment on is this. Remember I said at the beginning that there were 20 patients in the hydroxychloroquine group, and 16 patients who got standard of care. But, if you actually look at the methods in the study, you’ll see that there were actually 26 patients who got hydroxychloroquine. For this analysis, remember, the primary thing was eradication at day 6. In order to be assessable, they still have to be analyzable at day 6. There were actually 6 patients in the hydroxychloroquine group that dropped out of the study because they were no longer assessable. > > I think it’s important for viewers to note that if you actually look in the methods, these 6 patients, there were 3 of them that were taken out of the study because they decompensated and went to the ICU. Every single one of those patients was still PCR positive. You will, of course, ask me why all those doctors are hoarding it if it doesn’t work. My cynical opinion is that most of them seem to be from red states, people who are similarly in thrall to Trump’s delusions. COVID-19 is a science issue, which means you can only pay attention to what liberals say on the subject. You don’t have to believe me, though. These drugs are being torn apart in a dozen other threads in this forum you’re not reading, and none of the scorn is coming from me in those. Again, I’ll make this simple. Never believe a word Trump says. Never believe a word Trump says. Never believe a word Trump says. Never believe a word Trump says. Never believe a word Trump says. Avoid anyone who does. Avoid anyone who does. Avoid anyone who does. Avoid anyone who does. Avoid anyone who does. ---
**Author:** ![Jim\_Peebles](https://avatars.discourse-cdn.com/v4/letter/j/5f9b8f/32.png) [@Jim\_Peebles](https://boards.straightdope.com/u/Jim_Peebles)\ **Post date:** [March 26, 2020, 3:26am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/19 "2020-03-26T03:26:01Z")
> [@Exapno\_Mapcase](#): > > Let’s make this simple. Passing along links that you’ve haven’t checked out and probably just lifted from some right-wing blog isn’t going to work in any place where people are going to look beyond the headlines. > > What is the reality of “Hydroxychloroquine and azithromycin as a treatment of COVID-19”? Slim to none. > > There are hundreds of news articles explaining this if you cared to look. I’ll link to just one, from [Contagion](https://www.contagionlive.com/news/how-does-hydroxychloroquine-and-azithromycin-combination-therapy-measure-up-for-covid19-treatment), “a fully integrated news resource covering all areas of infectious disease.” It has an interview with "Jason Pogue, PharmD, BCPS, BCIDP, clinical professor of infectious diseases, at the University of Michigan College of Pharmacy, [who] speaks with Contagion®’s Senior Editor Michaela Fleming to share his thoughts on the recently published study “Hydroxychloroquine and azithromycin as a treatment of COVID-19: results of an open label non-randomized clinical trial.” > > Bottom line. I’ll make this short, too. > You will, of course, ask me why all those doctors are hoarding it if it doesn’t work. My cynical opinion is that most of them seem to be from red states, people who are similarly in thrall to Trump’s delusions. COVID-19 is a science issue, which means you can only pay attention to what liberals say on the subject. You don’t have to believe me, though. These drugs are being torn apart in a dozen other threads in this forum you’re not reading, and none of the scorn is coming from me in those. > > Again, I’ll make this simple. > > Never believe a word Trump says. > Never believe a word Trump says. > Never believe a word Trump says. > Never believe a word Trump says. > Never believe a word Trump says. > > Avoid anyone who does. > Avoid anyone who does. > Avoid anyone who does. > Avoid anyone who does. > Avoid anyone who does. Nope. You are the one turning a scientific issue into a political issue. ---
**Author:** ![Banksiaman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banksiaman/32/3334_2.png) [@Banksiaman](https://boards.straightdope.com/u/Banksiaman)\ **Post date:** [March 26, 2020, 5:38am UTC](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247/20 "2020-03-26T05:38:13Z")
> [@Jim\_Peebles](#): > > Nope. You are the one turning a scientific issue into a political issue. Okay, even if you discounted the political bits of Exapno Mapcase’s reply, what is your response to the sciency bit, which says that the trial is basically meaningless? With Pogue’s concerns about the value of the data, which appear to be reasonable expectations about getting reliable results, is there anything left that you can point to that says using this is better than scoffing a mixture of bleach and gravel, on the basis that bleach kills germs and rocks are effective deterrents? Actually proving that specific drugs work on specific conditions effectively enough to market them is a multi-million dollar business because its hard to actually do to the level necessary to risk peoples’ lives in case you get it wrong. At some point you need to choose whether to believe the science or people who are spouting random things sourced from their own ignorance because, at heart, they believe any words are better than considered silence. [Next page](https://boards.straightdope.com/t/legality-of-nevada-malaria-treatment-ban/850247.md?page=2)