Hall Bill Bars The State From Blocking Off-Label Prescriptions

The text as introduced · 386 words

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.