(1) A licensing board may not revoke, fail to renew, suspend, or take any action against a license issued under Title 37 to a health care provider based solely on the health care provider's recommendations to a patient regarding access to or provision of an experimental treatment.
(2) The department of public health and human services may not take action against:
(a) a health care provider's medicare certification based solely on the health care provider's recommendation that a patient have access to an experimental treatment; or
(b) a health care facility's license based solely on the facility's recommendation to a patient regarding access to or the provision of an experimental treatment in accordance with this part.