Pub. L. 105-115, tit. I, sec. 214
PRACTICE OF MEDICINE.
SEC. 214. PRACTICE OF MEDICINE. Chapter IX is amended by adding at the end the following: “SEC. 906. PRACTICE OF MEDICINE. “Nothing in this Act shall be construed to limit or interfere with the authority of a health care practitioner to prescribe or administer any legally marketed device to a patient for any condition or disease within a legitimate health care practitioner-patient relationship. This section shall not limit any existing authority of the Secretary to establish and enforce restrictions on the sale or distribution, or in the labeling, of a device that are part of a determination of substantial equivalence, established as a condition of approval, or promulgated through regulations. Further, this section shall not change any existing prohibition on the promotion of unapproved uses of legally marketed devices.”.