| 1 | 1 | | 88R11526 SRA-D |
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| 2 | 2 | | By: Plesa H.B. No. 4804 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring social media platforms to include certain |
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| 8 | 8 | | warnings in connection with advertisements for medical procedures |
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| 9 | 9 | | or treatments conducted in a foreign country. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. This Act may be cited as the Laura Avila Act. |
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| 12 | 12 | | SECTION 2. Subtitle A, Title 16, Business & Commerce Code, |
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| 13 | 13 | | is amended by adding Chapter 722 to read as follows: |
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| 14 | 14 | | CHAPTER 722. CERTAIN ADVERTISEMENTS FOR MEDICAL TOURISM |
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| 15 | 15 | | Sec. 722.001. DEFINITIONS. In this chapter, "social media |
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| 16 | 16 | | platform" and "user" have the meanings assigned by Section 120.001. |
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| 17 | 17 | | Sec. 722.002. APPLICABILITY OF CHAPTER. This chapter |
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| 18 | 18 | | applies only with respect to a user who resides in this state. |
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| 19 | 19 | | Sec. 722.003. WARNING ON CERTAIN MEDICAL TOURISM |
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| 20 | 20 | | ADVERTISEMENTS REQUIRED. The operator of a social media platform |
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| 21 | 21 | | shall include a warning to users of its platform in connection with |
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| 22 | 22 | | any advertisement that promotes the purchase of a medical procedure |
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| 23 | 23 | | or treatment that would be conducted in a foreign country. The |
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| 24 | 24 | | warning must be conspicuous and contain the following language: |
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| 25 | 25 | | WARNING |
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| 26 | 26 | | THIS ADVERTISEMENT IS FOR A MEDICAL PROCEDURE OR TREATMENT THAT IS |
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| 27 | 27 | | TO BE CONDUCTED IN A FOREIGN COUNTRY. UNDERGOING A MEDICAL |
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| 28 | 28 | | PROCEDURE OR TREATMENT IN A FOREIGN COUNTRY IS DANGEROUS. HEALTH |
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| 29 | 29 | | CARE PROVIDERS IN A FOREIGN COUNTRY ARE NOT REGULATED BY OR |
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| 30 | 30 | | CERTIFIED UNDER THE LAWS OF THIS STATE OR OF THE UNITED STATES. AN |
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| 31 | 31 | | INDIVIDUAL WHO UNDERGOES A MEDICAL PROCEDURE OR TREATMENT IN A |
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| 32 | 32 | | FOREIGN COUNTRY MAY ENCOUNTER DIFFICULTY LOCATING A HEALTH CARE |
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| 33 | 33 | | PROVIDER IN THIS STATE OR IN THE UNITED STATES THAT IS WILLING TO |
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| 34 | 34 | | TREAT THE INDIVIDUAL FOR HARM OR INJURY SUSTAINED AS A RESULT OF THE |
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| 35 | 35 | | PROCEDURE OR TREATMENT. |
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| 36 | 36 | | Sec. 722.004. DECEPTIVE TRADE PRACTICE. A violation of |
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| 37 | 37 | | Section 722.003 is a deceptive trade practice under Subchapter E, |
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| 38 | 38 | | Chapter 17, and is actionable under that subchapter. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2023. |
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