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A BILL TO BE ENTITLED
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AN ACT
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relating to patient access to prescription drugs for off-label use |
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for COVID-19 treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) This Act shall be known as the Right to Treat |
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Act. |
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(b) The legislature finds that: |
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(1) the relationship between a physician and patient |
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is valued; |
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(2) during the COVID-19 pandemic, many patients have |
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been frustrated to learn that their physicians are discouraged from |
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prescribing, administering, or dispensing for off-label use |
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prescription drugs that may aid in the patient's treatment of and |
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recovery from COVID-19; and |
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(3) this Act is intended to enable a patient to access |
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and a physician to prescribe, administer, and dispense for |
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off-label use prescription drugs that may aid in the patient's |
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treatment of and recovery from COVID-19. |
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SECTION 2. Subtitle C, Title 6, Health and Safety Code, is |
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amended by adding Chapter 490 to read as follows: |
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CHAPTER 490. OFF-LABEL USE OF PRESCRIPTION DRUGS FOR COVID-19 |
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TREATMENT |
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Sec. 490.001. DEFINITIONS. In this chapter: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(2) "Off-label use" means the use of a prescription |
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drug approved for use by the United States Food and Drug |
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Administration in a manner other than the approved use. |
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(3) "Physician" means an individual licensed to |
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practice medicine in this state. |
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Sec. 490.002. APPLICABILITY. This chapter applies only to |
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the prescribing, administering, and dispensing of a prescription |
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drug the United States Food and Drug Administration has approved |
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for human use. |
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Sec. 490.003. PROHIBITED STATE INTERFERENCE WITH PATIENT |
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ACCESS TO OFF-LABEL USE OF PRESCRIPTION DRUG. An official, |
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employee, or agent of this state may not prohibit or restrict a |
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physician from prescribing, administering, or dispensing for |
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off-label use a prescription drug to treat a patient who is exposed |
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to or diagnosed with COVID-19. |
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Sec. 490.004. NO CAUSE OF ACTION CREATED. This chapter does |
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not create a private or state cause of action against a manufacturer |
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of a prescription drug approved by the Federal Drug Administration |
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or against a physician or any other person involved in the care of a |
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patient who is exposed to or diagnosed with COVID-19 for any harm to |
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the patient resulting from the off-label use of the drug in the |
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treatment of COVID-19. |
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Sec. 490.005. PROHIBITED ACTION AGAINST PHYSICIAN'S |
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LICENSE. Notwithstanding any other law, the Texas Medical Board |
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may not revoke, fail to renew, suspend, or take any other adverse |
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action against a physician's license under Subchapter B, Chapter |
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164, Occupations Code, based solely on the physician's prescribing, |
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administering, or dispensing a prescription drug for off-label use |
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to treat a patient who is exposed to or diagnosed with COVID-19, |
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provided the physician's treatment of the patient meets the medical |
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standard of care. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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* * * * * |