BILL ANALYSIS Senate Research Center S.B. 2422 89R16147 JTZ-D By: Hall Health & Human Services 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT During the COVID-19 pandemic, guidance from public health officials varied drastically and changed frequently. Physicians had to rely on their medical expertise, in addition to formal guidance provided by numerous associations and departments, to treat this new illness. Some doctors found that using off-label drugs to treat COVID-19, such as ivermectin, budesonide, and hydroxychloroquine, reduced the viral duration and shortened the duration of the illness. While using off-label drugs is not unusual, many doctors faced investigations from the Texas Medical Board (TMB), fines, and costly legal challenges because of their use of these drugs to treat COVID-19. As such, the harm caused to physicians by the state, either to their reputation, financial, or licensing status, should be rectified. While some state agencies were quick to adjust to these developments and made changes to how they proceeded with complaints brought against healthcare professionals, the TMB has not been so inclined, and is still currently proceeding with investigations that involve these trivial issues. Additionally, future disciplinary action on this arbitrary basis should be prohibited, so as to protect future physicians and allow them to freely exercise their best medical judgement in future cases. As proposed, S.B. 2422 amends current law relating to investigations and disciplinary or punitive action by the Texas Medical Board regarding certain treatments or practices regarding COVID-19 and to the required expungement of certain records. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 153, Occupations Code, by adding Section 153.017, as follows: Sec. 153.017. LIMITATION ON INVESTIGATIVE AND DISCIPLINARY AUTHORITY. Prohibits the Texas Medical Board (TMB) from investigating or taking disciplinary or other punitive action against a person regulated by TMB for: (1) prescribing or advocating for the use of ivermectin, hydroxychloroquine, or budesonide in the prevention or treatment of COVID-19; (2) making statements regarding the efficacy of masks in preventing the transmission of COVID-19; or (3) failing to wear or require others to wear masks intended to prevent the transmission of COVID-19 in connection with the person's practice, other than in areas where it was customary to wear masks before the COVID-19 pandemic. SECTION 2. Requires TMB, not later than December 1, 2025, to: (1) review its records and expunge any record created on or after January 1, 2020, related to the investigation of or disciplinary or other punitive action taken against a person regulated by TMB if the record contains any of certain words; and (2) in connection with each record expunged under Subdivision (1): (A) vacate any disciplinary action imposed and rescind any other punitive action taken by the board; (B) refund, out of existing funds, all fines collected from the person and dismiss any unpaid fines; and (C) reimburse, out of existing funds, the person for all legal fees incurred as a result of the investigation or disciplinary or punitive action. SECTION 3. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2422
89R16147 JTZ-D By: Hall
Health & Human Services
3/28/2025
As Filed
Senate Research Center
S.B. 2422
89R16147 JTZ-D
By: Hall
Health & Human Services
3/28/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
During the COVID-19 pandemic, guidance from public health officials varied drastically and changed frequently. Physicians had to rely on their medical expertise, in addition to formal guidance provided by numerous associations and departments, to treat this new illness.
Some doctors found that using off-label drugs to treat COVID-19, such as ivermectin, budesonide, and hydroxychloroquine, reduced the viral duration and shortened the duration of the illness. While using off-label drugs is not unusual, many doctors faced investigations from the Texas Medical Board (TMB), fines, and costly legal challenges because of their use of these drugs to treat COVID-19.
As such, the harm caused to physicians by the state, either to their reputation, financial, or licensing status, should be rectified. While some state agencies were quick to adjust to these developments and made changes to how they proceeded with complaints brought against healthcare professionals, the TMB has not been so inclined, and is still currently proceeding with investigations that involve these trivial issues.
Additionally, future disciplinary action on this arbitrary basis should be prohibited, so as to protect future physicians and allow them to freely exercise their best medical judgement in future cases.
As proposed, S.B. 2422 amends current law relating to investigations and disciplinary or punitive action by the Texas Medical Board regarding certain treatments or practices regarding COVID-19 and to the required expungement of certain records.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 153, Occupations Code, by adding Section 153.017, as follows:
Sec. 153.017. LIMITATION ON INVESTIGATIVE AND DISCIPLINARY AUTHORITY. Prohibits the Texas Medical Board (TMB) from investigating or taking disciplinary or other punitive action against a person regulated by TMB for:
(1) prescribing or advocating for the use of ivermectin, hydroxychloroquine, or budesonide in the prevention or treatment of COVID-19;
(2) making statements regarding the efficacy of masks in preventing the transmission of COVID-19; or
(3) failing to wear or require others to wear masks intended to prevent the transmission of COVID-19 in connection with the person's practice, other than in areas where it was customary to wear masks before the COVID-19 pandemic.
SECTION 2. Requires TMB, not later than December 1, 2025, to:
(1) review its records and expunge any record created on or after January 1, 2020, related to the investigation of or disciplinary or other punitive action taken against a person regulated by TMB if the record contains any of certain words; and
(2) in connection with each record expunged under Subdivision (1):
(A) vacate any disciplinary action imposed and rescind any other punitive action taken by the board;
(B) refund, out of existing funds, all fines collected from the person and dismiss any unpaid fines; and
(C) reimburse, out of existing funds, the person for all legal fees incurred as a result of the investigation or disciplinary or punitive action.
SECTION 3. Effective date: upon passage or September 1, 2025.