By: Paxton, Hall S.B. No. 426
(In the Senate - Filed January 12, 2023; February 15, 2023,
read first time and referred to Committee on Health & Human
Services; March 31, 2023, reported favorably by the following
vote: Yeas 9, Nays 0; March 31, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to patient access to prescription drugs for off-label use
for COVID-19 treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) This Act shall be known as the Right to Treat
Act.
(b) The legislature finds that:
(1) the relationship between a physician and patient
is valued;
(2) during the COVID-19 pandemic, many patients have
been frustrated to learn that their physicians are discouraged from
prescribing, administering, or dispensing for off-label use
prescription drugs that may aid in the patient's treatment of and
recovery from COVID-19; and
(3) this Act is intended to enable a patient to access
and a physician to prescribe, administer, and dispense for
off-label use prescription drugs that may aid in the patient's
treatment of and recovery from COVID-19.
SECTION 2. Subtitle C, Title 6, Health and Safety Code, is
amended by adding Chapter 490 to read as follows:
CHAPTER 490. OFF-LABEL USE OF PRESCRIPTION DRUGS FOR COVID-19
TREATMENT
Sec. 490.001. DEFINITIONS. In this chapter:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "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.
(3) "Physician" means an individual licensed to
practice medicine in this state.
Sec. 490.002. 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.
Sec. 490.003. 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 to treat a patient who is exposed
to or diagnosed with COVID-19.
Sec. 490.004. 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 Federal Drug Administration
or against a physician or any other person involved in the care of a
patient who is exposed to or diagnosed with COVID-19 for any harm to
the patient resulting from the off-label use of the drug in the
treatment of COVID-19.
Sec. 490.005. 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 who is exposed to or diagnosed with COVID-19,
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, 2023.
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