88R1010 KKR-F
 
  By: Paxton S.B. No. 426
 
 
 
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, administering, or dispensing 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, administer, and dispense 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, administering, and dispensing 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, administering, or dispensing 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,
  administering, or dispensing 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.