The proposed bill, known as the Right to Treat Act, aims to enhance patient access to prescription drugs for off-label use specifically for the treatment of COVID-19. It establishes a new chapter in the Health and Safety Code that defines key terms such as "COVID-19," "off-label use," and "physician." The bill prohibits state officials from restricting physicians' ability to prescribe off-label drugs for patients diagnosed with or exposed to COVID-19. Additionally, it clarifies that the chapter does not create any legal cause of action against drug manufacturers or healthcare providers for harm resulting from the off-label use of these medications.

Furthermore, the bill protects physicians from adverse actions regarding their medical licenses solely based on their decision to prescribe off-label drugs for COVID-19 treatment, as long as their practices adhere to the established medical standard of care. This legislative measure is designed to empower both patients and physicians during the ongoing pandemic by ensuring that treatment options are not unduly limited by state regulations. The Act will take effect immediately upon receiving a two-thirds vote from both houses of the legislature or on September 1, 2025, if such a vote is not achieved.

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