Bill > HB855

This bill establishes new protections for physicians and pharmacists in Texas regarding the off-label use of prescription drugs, which means using an FDA-approved medication for a purpose other than its originally approved medical use. Specifically, the bill prevents state licensing agencies from taking disciplinary action against a physician's or pharmacist's professional license solely for prescribing, administering, dispensing, or promoting off-label drug uses, with a key exception: if the licensing agency can prove beyond a reasonable doubt that the off-label use directly caused a patient to suffer physical harm within three years of the treatment. The bill defines key terms such as "off-label use," "pharmacist" (as a person licensed by the Texas State Board of Pharmacy), and "physician" (as an individual licensed by the Texas Medical Board), and applies only to prescription drugs approved for human use by the FDA. The provisions will take effect on September 1, 2025, and will apply only to prescriptions issued or drugs promoted, administered, or dispensed on or after that date, effectively providing new legal protections for medical professionals who exercise professional judgment in prescribing medications for alternative treatments.

Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB855