88R11526 SRA-D
By: Plesa H.B. No. 4804
A BILL TO BE ENTITLED
AN ACT
relating to requiring social media platforms to include certain
warnings in connection with advertisements for medical procedures
or treatments conducted in a foreign country.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Laura Avila Act.
SECTION 2. Subtitle A, Title 16, Business & Commerce Code,
is amended by adding Chapter 722 to read as follows:
CHAPTER 722. CERTAIN ADVERTISEMENTS FOR MEDICAL TOURISM
Sec. 722.001. DEFINITIONS. In this chapter, "social media
platform" and "user" have the meanings assigned by Section 120.001.
Sec. 722.002. APPLICABILITY OF CHAPTER. This chapter
applies only with respect to a user who resides in this state.
Sec. 722.003. WARNING ON CERTAIN MEDICAL TOURISM
ADVERTISEMENTS REQUIRED. The operator of a social media platform
shall include a warning to users of its platform in connection with
any advertisement that promotes the purchase of a medical procedure
or treatment that would be conducted in a foreign country. The
warning must be conspicuous and contain the following language:
WARNING
THIS ADVERTISEMENT IS FOR A MEDICAL PROCEDURE OR TREATMENT THAT IS
TO BE CONDUCTED IN A FOREIGN COUNTRY. UNDERGOING A MEDICAL
PROCEDURE OR TREATMENT IN A FOREIGN COUNTRY IS DANGEROUS. HEALTH
CARE PROVIDERS IN A FOREIGN COUNTRY ARE NOT REGULATED BY OR
CERTIFIED UNDER THE LAWS OF THIS STATE OR OF THE UNITED STATES. AN
INDIVIDUAL WHO UNDERGOES A MEDICAL PROCEDURE OR TREATMENT IN A
FOREIGN COUNTRY MAY ENCOUNTER DIFFICULTY LOCATING A HEALTH CARE
PROVIDER IN THIS STATE OR IN THE UNITED STATES THAT IS WILLING TO
TREAT THE INDIVIDUAL FOR HARM OR INJURY SUSTAINED AS A RESULT OF THE
PROCEDURE OR TREATMENT.
Sec. 722.004. DECEPTIVE TRADE PRACTICE. A violation of
Section 722.003 is a deceptive trade practice under Subchapter E,
Chapter 17, and is actionable under that subchapter.
SECTION 3. This Act takes effect September 1, 2023.