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.

Statutes affected:
Introduced: ()