| |
| |
|
|
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. |