BILL ANALYSIS

Senate Research Center	S.B. 883
89R3416 EAS-F	By: Paxton; Hall
	Health & Human Services
	3/28/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

During the COVID-19 pandemic, patients who were prescribed medication to combat COVID-19 were sometimes denied their medication by pharmacists.

The Right to Treat Act protects the patient-physician relationship. Specifically, physicians are allowed the right to treat by enabling a patient to access and a physician to prescribe off-label use prescription drugs that may aid in the patient's treatment of and recovery from COVID-19.

As proposed, S.B. 883 amends current law relating to patient access to prescription drugs for off-label use for COVID-19 treatment.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.� (a)� Requires that this Act be known as the Right to Treat Act.

(b)� Provides that 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. Amends Subtitle C, Title 6, Health and Safety Code, by adding Chapter 491, as follows:

CHAPTER 491.� OFF-LABEL USE OF PRESCRIPTION DRUGS FOR COVID-19 TREATMENT

Sec. 491.001.� DEFINITIONS.� Defines "COVID-19," "off-label use," and "physician."

Sec. 491.002. APPLICABILITY.� Provides that 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.� Prohibits an official, employee, or agent of this state from prohibiting or restricting 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.� Provides that 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.� Prohibits the Texas Medical Board, notwithstanding any other law, from revoking, failing to renew, suspending, or taking any other adverse action against a physician's license under Subchapter B (License Denial and Disciplinary Actions), 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. Effective date: upon passage or September 1, 2025.