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TX HB3455
Bill
Status
2/27/2025
Primary Sponsor
Joanne Shofner
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AI Summary
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Defines "experimental drug or device" as any drug or device that is experimental, investigational, or has been approved by the FDA for emergency use
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Requires manufacturers of experimental drugs or devices to provide purchasers with a disclosure form containing all information necessary for informed consumer decisions, including possible adverse health effects, in a clear and coherent summary
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Mandates that purchasers pass the disclosure form along the supply chain, with health care providers and retailers required to deliver the form in person and obtain a signed consent from someone capable of providing informed consent before selling to consumers
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Creates a private right of action allowing consumers who receive experimental drugs or devices without proper disclosure to sue the manufacturer for damages arising from adverse effects
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Allows prevailing claimants to recover compensatory damages (including pain and suffering), exemplary damages, and reasonable attorney's fees and costs; effective September 1, 2025
Legislative Description
Relating to manufacturer disclosure requirements and liability for experimental drugs and devices.
Health
Last Action
Withdrawn from schedule
4/2/2025