Texas Senate Bill SB90

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to patient access to prescription drugs for off-label use.

Impact

The enactment of SB90 would have significant implications for healthcare delivery in Texas. By safeguarding physicians' rights to prescribe drugs off-label without facing administrative repercussions, the bill supports a more individualized approach to patient care. This could be particularly beneficial in situations where patients may require alternative treatment options not yet fully endorsed through traditional FDA approval pathways. However, the bill also stipulates that the prescribed treatments must still adhere to the accepted medical standards of care, ensuring a baseline of responsibility among practitioners.

Summary

Senate Bill 90, known as the Right to Treat Act, addresses the issue of off-label use of prescription drugs, allowing physicians greater freedom to prescribe medications in a manner that has not been specifically approved by the FDA. The bill aims to eliminate state-level barriers that might prevent doctors from offering off-label treatment options to patients. It expressly prohibits state officials or agents from restricting healthcare professionals in their prescribing and administering practices related to off-label uses of approved drugs, except when it pertains to abortion-inducing medications.

Contention

While supporters of SB90 argue that it empowers physicians and enhances patient access to potentially beneficial treatments, there are concerns about the possible ramifications of unregulated off-label prescribing. Critics fear that such a law could lead to irresponsible practice and compromised patient safety if not properly monitored. Additionally, there is a worry about the lack of accountability for manufacturers in cases where off-label use leads to adverse effects, as the bill explicitly prevents creating causes of action against them in these circumstances.