Texas 2023 - 88th Regular

Texas Senate Bill SB426 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Paxton, Hall S.B. No. 426
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to patient access to prescription drugs for off-label use
7	7	for COVID-19 treatment.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. (a) This Act shall be known as the Right to Treat
10	10	Act.
11	11	(b) The legislature finds that:
12	12	(1) the relationship between a physician and patient
13	13	is valued;
14	14	(2) during the COVID-19 pandemic, many patients have
15	15	been frustrated to learn that their physicians are discouraged from
16	16	prescribing for off-label use prescription drugs that may aid in
17	17	the patient's treatment of and recovery from COVID-19; and
18	18	(3) this Act is intended to enable a patient to access
19	19	and a physician to prescribe for off-label use prescription drugs
20	20	that may aid in the patient's treatment of and recovery from
21	21	COVID-19.
22	22	SECTION 2. Subtitle C, Title 6, Health and Safety Code, is
23	23	amended by adding Chapter 490 to read as follows:
24	24	CHAPTER 490. OFF-LABEL USE OF PRESCRIPTION DRUGS FOR COVID-19
25	25	TREATMENT
26	26	Sec. 490.001. DEFINITIONS. In this chapter:
27	27	(1) "COVID-19" means the 2019 novel coronavirus
28	28	disease.
29	29	(2) "Off-label use" means the use of a prescription
30	30	drug approved for use by the United States Food and Drug
31	31	Administration in a manner other than the approved use.
32	32	(3) "Physician" means an individual licensed to
33	33	practice medicine in this state.
34	34	Sec. 490.002. APPLICABILITY. This chapter applies only to
35	35	the prescribing of a prescription drug the United States Food and
36	36	Drug Administration has approved for human use.
37	37	Sec. 490.003. PROHIBITED STATE INTERFERENCE WITH PATIENT
38	38	ACCESS TO OFF-LABEL USE OF PRESCRIPTION DRUG. An official,
39	39	employee, or agent of this state may not prohibit or restrict a
40	40	physician from prescribing for off-label use a prescription drug to
41	41	treat a patient who is exposed to or diagnosed with COVID-19.
42	42	Sec. 490.004. NO CAUSE OF ACTION CREATED. This chapter does
43	43	not create a private or state cause of action against a manufacturer
44	44	of a prescription drug approved by the Federal Drug Administration
45	45	or against a physician or any other person involved in the care of a
46	46	patient who is exposed to or diagnosed with COVID-19 for any harm to
47	47	the patient resulting from the off-label use of the drug in the
48	48	treatment of COVID-19.
49	49	Sec. 490.005. PROHIBITED ACTION AGAINST PHYSICIAN'S
50	50	LICENSE. Notwithstanding any other law, the Texas Medical Board
51	51	may not revoke, fail to renew, suspend, or take any other adverse
52	52	action against a physician's license under Subchapter B, Chapter
53	53	164, Occupations Code, based solely on the physician's prescribing
54	54	a prescription drug for off-label use to treat a patient who is
55	55	exposed to or diagnosed with COVID-19, provided the physician's
56	56	treatment of the patient meets the medical standard of care.
57	57	SECTION 3. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2023.