Bill Text: TX SB90 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to patient access to prescription drugs for off-label use.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-02-03 - Referred to Health & Human Services [SB90 Detail]
Download: Texas-2025-SB90-Introduced.html
| 89R3375 EAS-D | ||
| By: Hall | S.B. No. 90 | |
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| 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. | ||
