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TexasSB 98489th Legislature Regular SessionSenateWALLET

Relating to access to individualized investigational treatments for patients with life-threatening or severely debilitating illnesses.

Sponsored By: Paul Bettencourt (Republican), Ken King

Signed by Governor

Health Care ProvidersHealth--Other Diseases & Medical ConditionsINFORMED CONSENTMEDICAL CARE FACILITIESMEDICINE & PRESCRIPTION DRUGSPATIENT RIGHTS & PROTECTIONPHYSICIANSHEALTH & HUMAN SERVICES COMMISSION

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

New treatment access, but no guarantee

Beginning September 1, 2025, Texas patients can request experimental drugs, biologic products, or devices made only for their genetic profile. Patients must have a life-threatening illness or one causing major, lasting harm, and must have considered all FDA-approved treatments. A treating doctor must confirm eligibility and recommend treatment based on genetic or other specified biological information. Access runs through facilities operating under a federal assurance protecting human subjects; manufacturers and facilities can decline, and hospitals need not add services. State officials cannot block access that follows the law, but providers can still give advice consistent with medical standards.

Heirs protected from certain treatment debts

Beginning September 1, 2025, heirs are protected if a patient dies while receiving treatment under this law. They are not liable for unpaid treatment debt or debt caused by lost health coverage due to the treatment. This protection does not erase separate liability of the patient or estate.

Patients face costs without guaranteed coverage

Beginning September 1, 2025, participating facilities and manufacturers may provide treatment free or charge manufacturing and related costs. The law sets no price. Required consent states that patients bear treatment-related expenses, potentially extending to their estates, unless a manufacturer contract provides otherwise. Health plans, plan administrators, and government agencies may cover treatment and related care, but this law creates no payment duty. Existing legal and contract duties remain, including insurance and clinical-trial coverage requirements.

Patients need consent explaining treatment risks

Beginning September 1, 2025, patients need written informed consent, confirmed in writing by a doctor and witness, before treatment. A parent, guardian, managing conservator, or designated agent can consent for a minor or patient lacking mental capacity. Consent must describe approved treatments, the patient's statement that recognized treatments are unlikely to prolong life, and the proposed treatment. It must explain best, worst, and most likely outcomes, including harm or earlier death, possible lack of insurance payment, and patient expense liability that may reach the estate. It must also warn that hospice eligibility may end when treatment starts and may return after treatment ends if hospice requirements are met.

Providers protected for recommending personalized treatments

Beginning September 1, 2025, Texas licensing boards cannot punish providers solely for recommending access to these personalized experimental treatments. The Health and Human Services Commission also cannot harm a provider's Medicaid participation solely for that recommendation. These protections do not prevent action on other grounds.

Patients gain no new lawsuit right

Beginning September 1, 2025, this law creates no new private lawsuit right for treatment harm against manufacturers or others involved in care. That limit applies when they follow the law in good faith and use reasonable care. It does not say that all other legal claims are barred.

Sponsors & Cosponsors

Sponsors

  • Paul Bettencourt

    Republican • Senate

  • Ken King

    House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 310 • No: 0

House vote • 5/20/2025

Record vote

Yes: 147 • No: 0

House vote • 5/19/2025

Record vote

Yes: 143 • No: 0

Senate vote • 4/10/2025

Record vote

Yes: 0 • No: 0

Senate vote • 4/10/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: Public Health

Yes: 11 • No: 0

Senate vote • Unknown

Committee vote: Health & Human Services

Yes: 9 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    5/29/2025House

  2. Signed by the Governor

    5/29/2025House

  3. Sent to the Governor

    5/21/2025House

  4. Signed in the House

    5/21/2025House

  5. Signed in the Senate

    5/21/2025Senate

  6. Reported enrolled

    5/20/2025Senate

  7. House passage reported

    5/20/2025Senate

  8. Record vote (RV#3009)

    5/20/2025House

  9. Passed

    5/20/2025House

  10. Read 3rd time

    5/20/2025House

  11. Statement(s) of vote recorded in Journal

    5/19/2025House

  12. Record vote (RV#2939)

    5/19/2025House

  13. Passed to 3rd reading

    5/19/2025House

  14. Read 2nd time

    5/19/2025House

  15. Placed on General State Calendar

    5/16/2025House

  16. Considered in Calendars

    5/14/2025House

  17. Corrected committee report sent to Calendars

    5/6/2025House

  18. Corrected comm. report distributed

    5/6/2025House

  19. Corrected com rept filed w/ Comte Coordinator

    5/6/2025House

  20. Committee report sent to Calendars

    5/6/2025House

  21. Committee report distributed

    5/5/2025House

  22. Comte report filed with Committee Coordinator

    5/5/2025House

  23. Reported favorably w/o amendment(s)

    4/24/2025House

  24. Considered in formal meeting

    4/24/2025House

  25. Referred to Public Health

    4/17/2025House

Bill Text

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