Bill Text: TX HB855 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to promoting, prescribing, administering, or dispensing prescription drugs for off-label use.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB855 Detail]
Download: Texas-2025-HB855-Introduced.html
| 89R1261 JG-F | ||
| By: Harrison | H.B. No. 855 | |
|
|
||
|
|
||
| relating to promoting, prescribing, administering, or dispensing | ||
| prescription drugs for off-label use. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 446 to read as follows: | ||
| CHAPTER 446. OFF-LABEL USE OF PRESCRIPTION DRUGS | ||
| Sec. 446.001. 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) "Pharmacist" means a person licensed by the Texas | ||
| State Board of Pharmacy to practice pharmacy. | ||
| (3) "Physician" means an individual licensed by the | ||
| Texas Medical Board to practice medicine in this state. | ||
| Sec. 446.002. APPLICABILITY. This chapter applies only to | ||
| the promoting, prescribing, administering, and dispensing of a | ||
| prescription drug the United States Food and Drug Administration | ||
| has approved for human use. | ||
| Sec. 446.003. PROHIBITED DISCIPLINARY ACTION AGAINST | ||
| PHYSICIAN'S OR PHARMACIST'S LICENSE. (a) Except as provided by | ||
| Subsection (b), the state agency with licensing or regulatory | ||
| authority over a physician or pharmacist may not revoke, fail to | ||
| renew, suspend, or take any other adverse action against a | ||
| physician's or pharmacist's license based solely on the physician | ||
| or pharmacist: | ||
| (1) prescribing, administering, or dispensing a | ||
| prescription drug for off-label use to treat a patient; or | ||
| (2) communicating or otherwise promoting to a patient | ||
| an off-label use of a prescription drug. | ||
| (b) The state agency with licensing or regulatory authority | ||
| over a physician or pharmacist may revoke, fail to renew, suspend, | ||
| or take any other adverse action against a physician's or | ||
| pharmacist's license based on conduct described by Subsection | ||
| (a)(1) or (2) if, after notice and hearing, the agency proves beyond | ||
| a reasonable doubt that: | ||
| (1) the conduct caused the physician's or pharmacist's | ||
| patient to suffer physical harm; and | ||
| (2) the initial onset of the patient's physical harm | ||
| occurred not later than three years after the date of the | ||
| physician's or pharmacist's conduct. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a prescription issued or a prescription drug promoted, | ||
| administered, or dispensed on or after the effective date of this | ||
| Act. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
