SB883 - Relating to patient access to prescription drugs for off-label use for COVID-19 treatment.

      By: Paxton, et al. S.B. No. 883     A BILL TO BE ENTITLED   AN ACT   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 491 to read as follows:   CHAPTER 491. OFF-LABEL USE OF PRESCRIPTION DRUGS FOR COVID-19   TREATMENT           Sec. 491.001.  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.   491.002.     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.   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 for off-label use a prescription drug to   treat a patient who is exposed to or diagnosed with COVID-19.           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 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.   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   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, 2025.