(a) A health occupations board may not revoke, fail to renew, suspend, or take any action against a health care provider's license based solely on the health care provider's recommendation to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device.

(b) The Department may not take action against a health care provider's Medicare certification based solely on the health care provider's recommendation that an eligible patient have access to an investigational drug, biological product, or device or the health care provider's treatment of an eligible patient with an investigational drug, biological product, or device.