The proposed bill, known as the Right to Treat Act, aims to enhance patient access to prescription drugs for off-label use in Texas. It introduces Chapter 491 to the Health and Safety Code, defining "off-label use" as the use of a prescription drug approved by the FDA in a manner not specified in its approval. The bill stipulates that it applies only to prescription drugs approved for human use, excluding abortion-inducing drugs. It prohibits state officials from restricting physicians in prescribing, administering, or dispensing these drugs for off-label purposes.

Additionally, the bill clarifies that it does not create any legal cause of action against drug manufacturers or healthcare providers for harm resulting from off-label use. It also protects physicians from adverse actions regarding their medical licenses solely based on their off-label prescribing practices, as long as they adhere to the medical standard of care. The act is set to take effect immediately upon receiving a two-thirds vote from both houses of the legislature or on September 1, 2025, if that vote is not achieved.

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