Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
  89R3375 EAS-D     By: Hall S.B. No. 90       A BILL TO BE ENTITLED   AN ACT   relating to patient access to prescription drugs for off-label use.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Right to Treat   Act.          SECTION 2.  Subtitle C, Title 6, Health and Safety Code, is   amended by adding Chapter 491 to read as follows:   CHAPTER 491. OFF-LABEL USE OF PRESCRIPTION DRUGS           Sec. 491.001.  DEFINITIONS. In this chapter:                 (1)     "Off-label use" means the use of a prescription   drug approved for use by the United States Food and Drug   Administration in a manner other than the approved use.                 (2)     "Physician" means an individual licensed to   practice medicine in this state.           Sec.   491.002.     APPLICABILITY. This chapter applies only to   the prescribing, administering, and dispensing of a prescription   drug the United States Food and Drug Administration has approved   for human use other than an abortion-inducing drug as defined by   Section 171.061.           Sec.   491.003.     PROHIBITED STATE INTERFERENCE WITH PATIENT   ACCESS TO OFF-LABEL USE OF PRESCRIPTION DRUG. An official,   employee, or agent of this state may not prohibit or restrict a   physician from prescribing, administering, or dispensing for   off-label use a prescription drug.           Sec.   491.004.     NO CAUSE OF ACTION CREATED. This chapter does   not create a private or state cause of action against a manufacturer   of a prescription drug approved by the United States Food and Drug   Administration or against a physician or any other person involved   in the care of a patient for any harm to the patient resulting from   the off-label use of the drug.           Sec.   491.005.     PROHIBITED ACTION AGAINST PHYSICIAN'S   LICENSE. Notwithstanding any other law, the Texas Medical Board   may not revoke, fail to renew, suspend, or take any other adverse   action against a physician's license under Subchapter B, Chapter   164, Occupations Code, based solely on the physician's prescribing,   administering, or dispensing a prescription drug for off-label use   to treat a patient, provided the physician's treatment of the   patient meets the medical standard of care.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.