89R3375 EAS-D
By: Hall S.B. No. 90
A BILL TO BE ENTITLED
AN ACT
relating to patient access to prescription drugs for off-label use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Right to Treat
Act.
SECTION 2. Subtitle C, Title 6, Health and Safety Code, is
amended by adding Chapter 491 to read as follows:
CHAPTER 491. OFF-LABEL USE OF PRESCRIPTION DRUGS
Sec. 491.001. DEFINITIONS. In this chapter:
(1) "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.
(2) "Physician" means an individual licensed to
practice medicine in this state.
Sec. 491.002. 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 other than an abortion-inducing drug as defined by
Section 171.061.
Sec. 491.003. 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.
Sec. 491.004. 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 United States Food and Drug
Administration or against a physician or any other person involved
in the care of a patient for any harm to the patient resulting from
the off-label use of the drug.
Sec. 491.005. 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, 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, 2025.