Monitoring the Session

HB 855

bill to stop boards punishing doctors for off-label prescribing

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Brian HarrisonRHouse 10

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to promoting, prescribing, administering, or dispensing prescription drugs for off-label use.

Caption from analyzed text · version I.

Summary

Unless the board proves physical harm beyond a reasonable doubt.

This bill stops the state boards that license doctors and pharmacists from punishing them just for prescribing, giving or dispensing an FDA-approved drug for a use the FDA did not approve, or for telling a patient about that use. It touches physicians, pharmacists, their patients and the licensing agencies that oversee them. A board could still act only if, after notice and a hearing, it proves beyond a reasonable doubt that the off-label use caused the patient physical harm that began within three years.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 4341 (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 4341 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Public Health committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB855 · 2024-11-12

SOLD BY

Rep. Brian HarrisonRHouse 10

ITEM

relating to promoting, prescribing, administering, or dispensing prescription drugs for off-label use.

WHAT IT DOES

Unless the board proves physical harm beyond a reasonable doubt.

This bill stops the state boards that license doctors and pharmacists from punishing them just for prescribing, giving or dispensing an FDA-approved drug for a use the FDA did not approve, or for telling a patient about that use. It touches physicians, pharmacists, their patients and the licensing agencies that oversee them. A board could still act only if, after notice and a hearing, it proves beyond a reasonable doubt that the off-label use caused the patient physical harm that began within three years.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Public Health
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“communicating or otherwise promoting to a patient an off-label use of a prescription drug.”

Bill text, introduced version (I)

The bill shields doctors and pharmacists from license discipline for what they tell patients about off-label drug uses.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Brian Harrison

Donors

Texans for Lawsuit Reform PAC$38KMichael Rydin$25,000Ed Harrison$16,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Nov 1, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$37,500.00

Texans for Lawsuit Reform PAC

$37,500.00

Cash
$37,500.00
Paid by others
$0.00
Total
$37,500.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Nov 22, 2024 to Oct 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101013450, 101032507, 101072627.

Michael Rydin$25,000.00
Ed Harrison$16,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$37,500.00

Cash
$37,500.00
Paid by others
$0.00
Total
$37,500.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Nov 22, 2024 to Oct 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101013450, 101032507, 101072627.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 4341

by Rep. Harrison, same lead author · Died in committee · reworked

Introduced text

Last action, Mar 21, 2023: Referred to Public Health

Relating to promoting, prescribing, administering, or dispensing prescription drugs for off-label use.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

03/05/2025 H Referred to Public Health: Mar 5 2025 11:46AM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Public Health · Final status: Died in committee

Subjects

Health--General

Health--Other Diseases & Medical Conditions

Occupational Regulation--Health Occupations

MEDICINE & PRESCRIPTION DRUGS

PHARMACIES & PHARMACISTS

PHYSICIANS

Text

The text as introduced · 383 words

89R1261 JG-F

By: Harrison
H.B. No. 855

A BILL TO BE ENTITLED

AN ACT

relating to promoting, prescribing, administering, or dispensing

prescription drugs for off-label use.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 6, Health and Safety Code, is

amended by adding Chapter 446 to read as follows:

CHAPTER 446. OFF-LABEL USE OF PRESCRIPTION DRUGS

Sec. 446.001. 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) "Pharmacist" means a person licensed by the Texas

State Board of Pharmacy to practice pharmacy.

(3) "Physician" means an individual licensed by the

Texas Medical Board to practice medicine in this state.

Sec. 446.002. APPLICABILITY. This chapter applies only to

the promoting, prescribing, administering, and dispensing of a

prescription drug the United States Food and Drug Administration

has approved for human use.

Sec. 446.003. PROHIBITED DISCIPLINARY ACTION AGAINST

PHYSICIAN'S OR PHARMACIST'S LICENSE. (a) Except as provided by

Subsection (b), the state agency with licensing or regulatory

authority over a physician or pharmacist may not revoke, fail to

renew, suspend, or take any other adverse action against a

physician's or pharmacist's license based solely on the physician

or pharmacist:

(1) prescribing, administering, or dispensing a

prescription drug for off-label use to treat a patient; or

(2) communicating or otherwise promoting to a patient

an off-label use of a prescription drug.

(b) The state agency with licensing or regulatory authority

over a physician or pharmacist may revoke, fail to renew, suspend,

or take any other adverse action against a physician's or

pharmacist's license based on conduct described by Subsection

(a)(1) or (2) if, after notice and hearing, the agency proves beyond

a reasonable doubt that:

(1) the conduct caused the physician's or pharmacist's

patient to suffer physical harm; and

(2) the initial onset of the patient's physical harm

occurred not later than three years after the date of the

physician's or pharmacist's conduct.

SECTION 2. The changes in law made by this Act apply only to

a prescription issued or a prescription drug promoted,

administered, or dispensed on or after the effective date of this

Act.

SECTION 3. This Act takes effect September 1, 2025.