Texas Senate Bill SB426

Texas 2023 - 88th Regular

• Filed: 1/12/23
• Out of Senate Committee: 3/31/23
• Voted on by Senate: 4/5/23

Caption

Relating to patient access to prescription drugs for off-label use for COVID-19 treatment.

Impact

The legislation amends the Texas Health and Safety Code to explicitly prohibit state interference in a physician's ability to prescribe off-label medications for treating COVID-19. It is designed to foster a supportive environment for healthcare professionals while ensuring that patients have access to potentially beneficial treatments. Furthermore, the bill asserts that no legal actions may be taken against physicians for prescribing these medications, as long as they adhere to medical standards of care.

Summary

Senate Bill 426, known as the Right to Treat Act, addresses patient access to prescription drugs for off-label use in the treatment of COVID-19. The bill was introduced as a response to the challenges faced by patients and physicians during the COVID-19 pandemic, where there were instances of interference in prescribing potentially helpful medications. By safeguarding the physician-patient relationship, the bill aims to enable doctors to better treat and assist patients without undue restrictions on their prescribing authority.

Sentiment

Discussion around SB 426 has been mixed. While many healthcare professionals and legislators support the bill for its potential to enhance treatment options for COVID-19 patients, there have also been concerns raised by groups such as the Texas Pharmacy Association. The sentiment among supporters is one of optimism regarding improved patient outcomes, whereas opponents fear that off-label use without sufficient oversight may lead to risks or adverse effects for patients.

Contention

A notable point of contention centers around the balance of patient safety and physician autonomy. Proponents argue that SB 426 is a necessary measure to empower physicians to act in their patients' best interests, especially during a public health crisis. Critics, however, express worry that unregulated off-label prescribing may compromise patient safety and lead to harmful outcomes. The passage of this bill reflects the ongoing debate regarding the regulation of healthcare practices in state law.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 164. Disciplinary Actions And Procedures
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