Texas 2025 - 89th Regular

Texas Senate Bill SB883 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Paxton, et al. S.B. No. 883
2		-
3		-
	1	+	By: Paxton, Hall, Sparks S.B. No. 883
	2	+	(In the Senate - Filed January 23, 2025; February 13, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; April 7, 2025, reported favorably by the following vote:
	5	+	Yeas 8, Nays 1; April 7, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to patient access to prescription drugs for off-label use
9	12		for COVID-19 treatment.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. (a) This Act shall be known as the Right to Treat
12	15		Act.
13	16		(b) The legislature finds that:
14	17		(1) the relationship between a physician and patient
15	18		is valued;
16	19		(2) during the COVID-19 pandemic, many patients have
17	20		been frustrated to learn that their physicians are discouraged from
18	21		prescribing for off-label use prescription drugs that may aid in
19	22		the patient's treatment of and recovery from COVID-19; and
20	23		(3) this Act is intended to enable a patient to access
21	24		and a physician to prescribe for off-label use prescription drugs
22	25		that may aid in the patient's treatment of and recovery from
23	26		COVID-19.
24	27		SECTION 2. Subtitle C, Title 6, Health and Safety Code, is
25	28		amended by adding Chapter 491 to read as follows:
26	29		CHAPTER 491. OFF-LABEL USE OF PRESCRIPTION DRUGS FOR COVID-19
27	30		TREATMENT
28	31		Sec. 491.001. DEFINITIONS. In this chapter:
29	32		(1) "COVID-19" means the 2019 novel coronavirus
30	33		disease.
31	34		(2) "Off-label use" means the use of a prescription
32	35		drug approved for use by the United States Food and Drug
33	36		Administration in a manner other than the approved use.
34	37		(3) "Physician" means an individual licensed to
35	38		practice medicine in this state.
36	39		Sec. 491.002. APPLICABILITY. This chapter applies only to
37	40		the prescribing of a prescription drug the United States Food and
38	41		Drug Administration has approved for human use.
39	42		Sec. 491.003. PROHIBITED STATE INTERFERENCE WITH PATIENT
40	43		ACCESS TO OFF-LABEL USE OF PRESCRIPTION DRUG. An official,
41	44		employee, or agent of this state may not prohibit or restrict a
42	45		physician from prescribing for off-label use a prescription drug to
43	46		treat a patient who is exposed to or diagnosed with COVID-19.
44	47		Sec. 491.004. NO CAUSE OF ACTION CREATED. This chapter does
45	48		not create a private or state cause of action against a manufacturer
46	49		of a prescription drug approved by the United States Food and Drug
47	50		Administration or against a physician or any other person involved
48	51		in the care of a patient who is exposed to or diagnosed with
49	52		COVID-19 for any harm to the patient resulting from the off-label
50	53		use of the drug in the treatment of COVID-19.
51	54		Sec. 491.005. PROHIBITED ACTION AGAINST PHYSICIAN'S
52	55		LICENSE. Notwithstanding any other law, the Texas Medical Board
53	56		may not revoke, fail to renew, suspend, or take any other adverse
54	57		action against a physician's license under Subchapter B, Chapter
55	58		164, Occupations Code, based solely on the physician's prescribing
56	59		a prescription drug for off-label use to treat a patient who is
57	60		exposed to or diagnosed with COVID-19, provided the physician's
58	61		treatment of the patient meets the medical standard of care.
59	62		SECTION 3. This Act takes effect immediately if it receives
60	63		a vote of two-thirds of all the members elected to each house, as
61	64		provided by Section 39, Article III, Texas Constitution. If this
62	65		Act does not receive the vote necessary for immediate effect, this
63	66		Act takes effect September 1, 2025.
	67	+	* * * * *