Bill > SB90

This bill, known as the Right to Treat Act, aims to protect physicians' ability to prescribe prescription drugs for off-label uses in Texas. Specifically, the bill defines "off-label use" as utilizing a prescription drug approved by the FDA in a manner different from its original approved purpose. The legislation prohibits state officials, employees, or agents from restricting physicians from prescribing, administering, or dispensing prescription drugs for off-label uses. Importantly, the bill explicitly states that no cause of action can be brought against drug manufacturers, physicians, or other healthcare providers for potential harm resulting from off-label drug use. Furthermore, the Texas Medical Board is prohibited from taking adverse actions against a physician's medical license solely based on prescribing a drug off-label, provided that the treatment meets the established medical standard of care. The bill applies to all FDA-approved prescription drugs for human use, with the exception of abortion-inducing drugs. The legislation will take effect immediately if it receives a two-thirds vote in the Texas legislature, or otherwise will become effective on September 1, 2025.

Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB90