Bill Text: TX SB426 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to patient access to prescription drugs for off-label use for COVID-19 treatment.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-04-17 - Referred to Public Health [SB426 Detail]
Download: Texas-2023-SB426-Engrossed.html
| By: Paxton, Hall | S.B. No. 426 | |
|
|
||
|
|
||
| relating to patient access to prescription drugs for off-label use | ||
| for COVID-19 treatment. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. (a) This Act shall be known as the Right to Treat | ||
| Act. | ||
| (b) The legislature finds that: | ||
| (1) the relationship between a physician and patient | ||
| is valued; | ||
| (2) during the COVID-19 pandemic, many patients have | ||
| been frustrated to learn that their physicians are discouraged from | ||
| prescribing for off-label use prescription drugs that may aid in | ||
| the patient's treatment of and recovery from COVID-19; and | ||
| (3) this Act is intended to enable a patient to access | ||
| and a physician to prescribe for off-label use prescription drugs | ||
| that may aid in the patient's treatment of and recovery from | ||
| COVID-19. | ||
| SECTION 2. Subtitle C, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 490 to read as follows: | ||
| CHAPTER 490. OFF-LABEL USE OF PRESCRIPTION DRUGS FOR COVID-19 | ||
| TREATMENT | ||
| Sec. 490.001. DEFINITIONS. In this chapter: | ||
| (1) "COVID-19" means the 2019 novel coronavirus | ||
| disease. | ||
| (2) "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. | ||
| (3) "Physician" means an individual licensed to | ||
| practice medicine in this state. | ||
| Sec. 490.002. APPLICABILITY. This chapter applies only to | ||
| the prescribing of a prescription drug the United States Food and | ||
| Drug Administration has approved for human use. | ||
| Sec. 490.003. 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 for off-label use a prescription drug to | ||
| treat a patient who is exposed to or diagnosed with COVID-19. | ||
| Sec. 490.004. 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 Federal Drug Administration | ||
| or against a physician or any other person involved in the care of a | ||
| patient who is exposed to or diagnosed with COVID-19 for any harm to | ||
| the patient resulting from the off-label use of the drug in the | ||
| treatment of COVID-19. | ||
| Sec. 490.005. 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 | ||
| a prescription drug for off-label use to treat a patient who is | ||
| exposed to or diagnosed with COVID-19, 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, 2023. | ||
