Texas 2023 - 88th Regular

Texas House Bill HB4867 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12593 JCG-F
2	2	By: Guerra H.B. No. 4867
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to health care transparency, including advertising,
8	8	identification, and notice requirements for certain health
9	9	facilities and health professionals; authorizing administrative
10	10	and civil penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 2, Health and Safety Code, is amended by
13	13	adding Subtitle J to read as follows:
14	14	SUBTITLE J. PROVISION OF HEALTH CARE SERVICES
15	15	CHAPTER 185. IDENTIFICATION AND NOTICE REQUIREMENTS FOR HEALTH
16	16	FACILITIES AND HEALTH PROFESSIONALS
17	17	Sec. 185.001. DEFINITIONS. In this chapter:
18	18	(1) "Advertisement" means:
19	19	(A) any printed, electronic, or oral statement,
20	20	with respect to the provision of health care services by a health
21	21	care professional:
22	22	(i) that is communicated or disseminated to
23	23	the public;
24	24	(ii) that:
25	25	(a) is intended to encourage a person
26	26	to use the professional's services; or
27	27	(b) for a commercial purpose, names
28	28	the professional in connection with the practice, profession, or
29	29	institution in which the professional provides health care
30	30	services; and
31	31	(iii) the preparation, communication, or
32	32	dissemination of which is controlled by the professional or a group
33	33	to which the professional is affiliated; and
34	34	(B) any communication or statement not described
35	35	by Paragraph (A) but that is used in the regular course of the
36	36	professional's business for the purpose of promoting the
37	37	professional's services to the public, including:
38	38	(i) business cards;
39	39	(ii) letterhead;
40	40	(iii) signs;
41	41	(iv) pamphlets;
42	42	(v) brochures;
43	43	(vi) e-mails and any other communication or
44	44	statement transmitted through the Internet; or
45	45	(vii) audio or video communications,
46	46	including television or radio advertisements.
47	47	(2) "Commission" means the Health and Human Services
48	48	Commission.
49	49	(3) "Health facility" means:
50	50	(A) a solo or group medical practice; or
51	51	(B) an urgent care facility.
52	52	(4) "Health professional" and "professional" mean an
53	53	individual licensed under Title 3, Occupations Code.
54	54	(5) "Urgent care facility" means a facility providing
55	55	health care that:
56	56	(A) provides episodic ambulatory health care to
57	57	individuals outside of a hospital emergency room setting;
58	58	(B) does not require an individual to make an
59	59	appointment;
60	60	(C) provides some services typically provided in
61	61	a primary care physician's office or emergency room; and
62	62	(D) treats individuals requiring treatment of an
63	63	illness or injury that requires immediate care but is not
64	64	life-threatening.
65	65	Sec. 185.002. PHOTO IDENTIFICATION BADGE REQUIRED. (a) A
66	66	health facility shall adopt a policy requiring a health
67	67	professional providing direct patient care at the facility to wear
68	68	a photo identification badge during all patient encounters, unless
69	69	wearing the badge is precluded by isolation or sterilization
70	70	protocols adopted by the facility. The badge must be of sufficient
71	71	size, be prominently worn and clearly visible, and include:
72	72	(1) the professional's first and last name;
73	73	(2) the facility department with which the
74	74	professional is associated;
75	75	(3) the type of license held by the professional under
76	76	Title 3, Occupations Code, and no other title; and
77	77	(4) if applicable, the professional's status as a
78	78	student, intern, or trainee, or resident, but only if the
79	79	professional is registered with the Texas Medical Board.
80	80	(b) For purposes of Subsection (a)(3), the identification
81	81	badge of a health professional licensed under Title 3, Occupations
82	82	Code, must clearly state:
83	83	(1) "physician," if the professional holds a license
84	84	under Subtitle B of that title;
85	85	(2) "acupuncturist," "chiropractor," "midwife,"
86	86	"physician assistant," "podiatrist," or "surgical assistant," as
87	87	applicable, if the professional holds a license under Subtitle C of
88	88	that title;
89	89	(3) "dental hygienist" or "dentist," as applicable, if
90	90	the professional holds a license under Subtitle D of that title;
91	91	(4) "advanced practice registered nurse," "licensed
92	92	vocational nurse," "registered nurse," "nurse practitioner,"
93	93	"nurse midwife," "nurse anesthetist," or "clinical nurse
94	94	specialist," as applicable, if the professional holds a license
95	95	under Subtitle E of that title;
96	96	(5) "optometrist" or "therapeutic optometrist," as
97	97	applicable, if the professional holds a license under Subtitle F of
98	98	that title;
99	99	(6) "audiologist" or "speech-language pathologist,"
100	100	as applicable, if the professional holds a license under Subtitle G
101	101	of that title;
102	102	(7) "athletic trainer," "massage therapist,"
103	103	"occupational therapist," "occupational therapy assistant,"
104	104	"physical therapist," or "physical therapist assistant," as
105	105	applicable, if the professional holds a license under Subtitle H of
106	106	that title;
107	107	(8) "pharmacist," if the professional holds a license
108	108	under Subtitle J of that title;
109	109	(9) "medical physicist," "medical radiologic
110	110	technologist," "orthotist," "orthotist assistant,"
111	111	"perfusionist," "prosthetist," "prosthetist assistant," or
112	112	"respiratory care practitioner," as applicable, if the
113	113	professional holds a license under Subtitle K of that title; or
114	114	(10) "dietitian," if the professional holds a license
115	115	under Subtitle M of that title.
116	116	Sec. 185.003. NOTICE OF HEALTH PROFESSIONAL LICENSE. A
117	117	health facility shall post in a conspicuous location in each office
118	118	where a health professional provides health care services a written
119	119	notice stating the type of license the professional holds. The
120	120	notice must be printed using an easily readable font and type size.
121	121	Sec. 185.004. HEALTH CARE SERVICES PROVIDED BY NONPHYSICIAN
122	122	HEALTH PROFESSIONAL. (a) If a nonphysician health professional
123	123	provides health care services in a health facility under the
124	124	supervision of a physician, the facility shall post in a
125	125	conspicuous location in each office where the professional provides
126	126	health care services a written notice stating:
127	127	(1) the name of the supervising physician;
128	128	(2) the supervising physician's medical license
129	129	number;
130	130	(3) any board certification or specialty in which the
131	131	physician is certified;
132	132	(4) the physician's practice contact information,
133	133	including the telephone number and address of the practice;
134	134	(5) either:
135	135	(A) the hours the physician is scheduled to be
136	136	present at the practice location; or
137	137	(B) if the physician is not scheduled to be
138	138	present at the practice location, the statement: "No physician on
139	139	site"; and
140	140	(6) the statement: "Any patient may request treatment
141	141	by a physician. Notify a staff member at this location if you want
142	142	to request this option."
143	143	(b) A patient may choose to be treated by the supervising
144	144	physician of a nonphysician health professional. If the patient
145	145	requests treatment by the supervising physician, the physician must
146	146	see the patient not later than the 30th day after the date the
147	147	patient makes the request. The physician may see the patient in
148	148	person or through an acceptable telemedicine medical services
149	149	platform.
150	150	Sec. 185.005. PROHIBITED CONDUCT. A health professional
151	151	may not:
152	152	(1) knowingly aid, abet, permit, advise, or solicit a
153	153	person who is not licensed to practice the health profession in
154	154	which the professional is licensed to engage in an act contrary to
155	155	that professional licensure; or
156	156	(2) delegate to or contract with another health
157	157	professional to provide health care services if the professional
158	158	knows, or has reason to know, that the other professional is not
159	159	authorized for delegation of or to contract for those services
160	160	under the professional's license.
161	161	Sec. 185.006. ADMINISTRATIVE PENALTY. (a) The commission
162	162	or the regulatory agency for a health professional, including the
163	163	Texas Medical Board, the Texas Physician Assistant Board, and the
164	164	Texas Board of Nursing, may impose an administrative penalty
165	165	against a health facility or professional regulated by the
166	166	commission or agency who violates this chapter or a rule adopted
167	167	under this chapter.
168	168	(b) The amount of the penalty imposed may not exceed $1,000
169	169	for each violation, and each day a violation continues or occurs is
170	170	a separate violation for the purpose of imposing a penalty. The
171	171	amount shall be based on:
172	172	(1) the seriousness of the violation, including the
173	173	nature, circumstances, extent, and gravity of the violation;
174	174	(2) the history of previous violations;
175	175	(3) the amount necessary to deter a future violation;
176	176	(4) the efforts to correct the violation; and
177	177	(5) any other matter that justice may require.
178	178	(c) The enforcement of the penalty may be stayed during the
179	179	time the order is under judicial review if the health facility or
180	180	professional pays the penalty to the clerk of the court or files a
181	181	supersedeas bond with the court in the amount of the penalty. A
182	182	facility or professional that cannot afford to pay the penalty or
183	183	file the bond may stay the enforcement by filing an affidavit in the
184	184	manner required by the Texas Rules of Civil Procedure for a party
185	185	who cannot afford to file security for costs, subject to the right
186	186	of the commission or regulatory agency to contest the affidavit as
187	187	provided by those rules.
188	188	(d) The attorney general may sue to collect the penalty.
189	189	The attorney general may recover reasonable expenses incurred in
190	190	obtaining relief under this subsection, including court costs,
191	191	reasonable attorney's fees, investigation costs, witness fees, and
192	192	deposition expenses.
193	193	(e) A proceeding to impose the penalty is considered to be a
194	194	contested case under Chapter 2001, Government Code.
195	195	Sec. 185.007. CIVIL PENALTY. (a) A health facility that
196	196	violates this chapter is liable to the state for a civil penalty of
197	197	not more than $1,000 for each violation. Each day of a continuing
198	198	violation constitutes a separate ground for recovery.
199	199	(b) The attorney general may sue to collect a civil penalty
200	200	under this section. The attorney general may recover reasonable
201	201	expenses incurred in obtaining relief under this section, including
202	202	court costs, reasonable attorney's fees, investigation costs,
203	203	witness fees, and deposition expenses.
204	204	SECTION 2. The heading to Subchapter E, Chapter 101,
205	205	Occupations Code, is amended to read as follows:
206	206	SUBCHAPTER E. CERTAIN PRACTICES RELATED TO ADVERTISING AND BILLING
207	207	PROHIBITED [GROUNDS FOR LICENSE REVOCATION OR DENIAL]
208	208	SECTION 3. Section 101.201, Occupations Code, is amended by
209	209	amending Subsection (b) and adding Subsections (c) and (d) to read
210	210	as follows:
211	211	(b) False, misleading, or deceptive advertising or
212	212	advertising not readily subject to verification includes
213	213	advertising that:
214	214	(1) makes a material misrepresentation of fact or
215	215	omits a fact necessary to make the statement as a whole not
216	216	materially misleading;
217	217	(2) makes a representation likely to create an
218	218	unjustified expectation about the results of a health care service
219	219	or procedure;
220	220	(3) compares a health care professional's services
221	221	with another health care professional's services unless the
222	222	comparison can be factually substantiated;
223	223	(4) contains a testimonial;
224	224	(5) causes confusion or misunderstanding as to the
225	225	credentials, education, or licensing of a health care professional,
226	226	including using a title, term, or other words that misstate,
227	227	falsely describe, falsely hold out, or falsely detail the health
228	228	care professional's:
229	229	(A) professional skills;
230	230	(B) training;
231	231	(C) expertise;
232	232	(D) educational degree;
233	233	(E) specialty certification; or
234	234	(F) licensure;
235	235	(6) represents that health care insurance deductibles
236	236	or copayments may be waived or are not applicable to health care
237	237	services to be provided if the deductibles or copayments are
238	238	required;
239	239	(7) represents that the benefits of a health benefit
240	240	plan will be accepted as full payment when deductibles or
241	241	copayments are required;
242	242	(8) makes a representation that is designed to take
243	243	advantage of the fears or emotions of a particularly susceptible
244	244	type of patient; or
245	245	(9) represents in the use of a professional name a
246	246	title or professional identification that is associated with
247	247	another profession and the health care professional is not licensed
248	248	or otherwise authorized to practice that profession [expressly or
249	249	commonly reserved to or used by another profession or
250	250	professional].
251	251	(c) For purposes of this section, advertising that does not
252	252	include the name of the health care professional and the
253	253	professional identification required by Section 104.003 is
254	254	considered false, misleading, deceptive, or not readily subject to
255	255	verification.
256	256	(d) In this section, "advertising" includes:
257	257	(1) any printed, electronic, or oral statement, with
258	258	respect to the provision of health care services by a health care
259	259	professional:
260	260	(A) that is communicated or disseminated to the
261	261	public;
262	262	(B) that:
263	263	(i) is intended to encourage a person to use
264	264	the professional's services; or
265	265	(ii) for a commercial purpose, names the
266	266	professional in connection with the practice, profession, or
267	267	institution in which the professional provides health care
268	268	services; and
269	269	(C) the preparation, communication, or
270	270	dissemination of which is controlled by the professional or a group
271	271	to which the professional is affiliated; and
272	272	(2) any communication or statement not described by
273	273	Subdivision (1) but that is used in the regular course of the
274	274	professional's business for the purpose of promoting the
275	275	professional's services to the public, including:
276	276	(A) business cards;
277	277	(B) letterhead;
278	278	(C) signs;
279	279	(D) pamphlets;
280	280	(E) brochures;
281	281	(F) e-mails and any other communication or
282	282	statement transmitted through the Internet; or
283	283	(G) audio or video communications, including
284	284	television or radio advertisements.
285	285	SECTION 4. Subchapter E, Chapter 101, Occupations Code, is
286	286	amended by adding Section 101.205 to read as follows:
287	287	Sec. 101.205. ADMINISTRATIVE PENALTY. (a) A health
288	288	licensing agency that issues a license, certificate, or other
289	289	authorization under this title, may impose an administrative
290	290	penalty on a person who:
291	291	(1) holds a license, certificate, or other
292	292	authorization issued by the health licensing agency; and
293	293	(2) violates Section 101.201.
294	294	(b) The amount of an administrative penalty may not exceed
295	295	$1,000 for each violation. Each day a violation continues or occurs
296	296	is a separate violation for purposes of imposing a penalty.
297	297	(c) A proceeding to impose an administrative penalty under
298	298	this section is subject to Chapter 2001, Government Code.
299	299	SECTION 5. Section 104.003, Occupations Code, is amended by
300	300	amending Subsections (b) and (c) and adding Subsection (h) to read
301	301	as follows:
302	302	(b) A person who is licensed by the Texas Medical [State]
303	303	Board [of Medical Examiners] and holds a doctor of medicine degree
304	304	shall use:
305	305	(1) physician or surgeon, M.D.;
306	306	(2) doctor, M.D.; [or]
307	307	(3) doctor of medicine, M.D.; or
308	308	(4) a designation indicating that the person is
309	309	certified or eligible for certification, as applicable, by a
310	310	certifying board of the American Board of Medical Specialties, the
311	311	American Board of Oral and Maxillofacial Surgery, the National
312	312	Board of Physicians and Surgeons, or a successor organization to
313	313	those organizations.
314	314	(c) A person who is licensed by the Texas Medical [State]
315	315	Board [of Medical Examiners] and holds a doctor of osteopathy
316	316	degree shall use:
317	317	(1) physician or surgeon, D.O.;
318	318	(2) osteopathic physician or surgeon;
319	319	(3) doctor, D.O.;
320	320	(4) doctor of osteopathy;
321	321	(5) doctor of osteopathic medicine;
322	322	(6) osteopath; [or]
323	323	(7) D.O.; or
324	324	(8) a designation indicating that the person is
325	325	certified or eligible for certification, as applicable, by a
326	326	certifying board of the American Osteopathic Association, the
327	327	American Board of Oral and Maxillofacial Surgery, the National
328	328	Board of Physicians and Surgeons, or a successor organization to
329	329	those organizations.
330	330	(h) A person licensed under this title and not described by
331	331	Subsection (b), (c), (d), (e), (f), or (g) may only use a title
332	332	authorized by the law under which the person is licensed.
333	333	SECTION 6. Chapter 104, Occupations Code, is amended by
334	334	adding Section 104.0035 to read as follows:
335	335	Sec. 104.0035. FALSE AND DECEPTIVE ADVERTISING. A healing
336	336	art practitioner may not use advertising that is false, misleading,
337	337	or deceptive, or not readily subject to verification as provided by
338	338	Section 101.201.
339	339	SECTION 7. Chapter 104, Occupations Code, is amended by
340	340	adding Section 104.008 to read as follows:
341	341	Sec. 104.008. ADMINISTRATIVE PENALTY. (a) A healing art
342	342	licensing board that issues a license, certificate, or other
343	343	authorization described by Section 104.003, may impose an
344	344	administrative penalty on a person who:
345	345	(1) holds a license, certificate, or other
346	346	authorization issued by the healing art licensing board; and
347	347	(2) violates this chapter.
348	348	(b) The amount of an administrative penalty may not exceed
349	349	$1,000 for each violation. Each day a violation continues or occurs
350	350	is a separate violation for purposes of imposing a penalty.
351	351	(c) A proceeding to impose an administrative penalty under
352	352	this section is subject to Chapter 2001, Government Code.
353	353	SECTION 8. Section 165.156, Occupations Code, is amended to
354	354	read as follows:
355	355	Sec. 165.156. MISREPRESENTATION REGARDING ENTITLEMENT TO
356	356	PRACTICE MEDICINE. A person, partnership, trust, association, or
357	357	corporation commits an offense if the person, partnership, trust,
358	358	association, or corporation, through the use of any title,
359	359	abbreviation, description of services, designation, letters,
360	360	words, or terms, alone or in combination with any other title,
361	361	affixed on stationery or on advertisements, or in any other manner,
362	362	including oral or written communications, indicates or induces
363	363	another to believe that the person, partnership, trust,
364	364	association, or corporation is entitled to practice medicine if the
365	365	person, partnership, trust, association, or corporation is not
366	366	licensed to do so.
367	367	SECTION 9. Subchapter D, Chapter 165, Occupations Code, is
368	368	amended by adding Section 165.1565 to read as follows:
369	369	Sec. 165.1565. USE OF TITLE. (a) In this section, "medical
370	370	or medical specialty title" means:
371	371	(1) "doctor of medicine" or "M.D.";
372	372	(2) "doctor of osteopathy" or "D.O.";
373	373	(3) "physician";
374	374	(4) "surgeon";
375	375	(5) "osteopathic physician";
376	376	(6) "osteopathic surgeon";
377	377	(7) "doctor";
378	378	(8) "aesthetic surgeon";
379	379	(9) "age management medicine physician";
380	380	(10) "allergist";
381	381	(11) "anesthesiologist";
382	382	(12) "associate physician";
383	383	(13) "cosmetic surgeon";
384	384	(14) "dermatologist";
385	385	(15) "emergency medicine doctor";
386	386	(16) "emergency medicine physician";
387	387	(17) "endocrinologist";
388	388	(18) "environmental medicine physician";
389	389	(19) "family medicine doctor";
390	390	(20) "family medicine physician";
391	391	(21) "family practice doctor";
392	392	(22) "family practice physician";
393	393	(23) "functional medicine doctor";
394	394	(24) "functional medicine physician";
395	395	(25) "gastroenterologist";
396	396	(26) "general practitioner";
397	397	(27) "geriatrician";
398	398	(28) "graduate physician";
399	399	(29) "gynecologist";
400	400	(30) "hematologist";
401	401	(31) "hepatologist";
402	402	(32) "hospitalist";
403	403	(33) "house officer";
404	404	(34) "intensivist";
405	405	(35) "internal medicine physician";
406	406	(36) "intern";
407	407	(37) "internist";
408	408	(38) "laryngologist";
409	409	(39) "neonatologist";
410	410	(40) "nephrologist";
411	411	(41) "neurologist";
412	412	(42) "nocturnist";
413	413	(43) "obstetrician";
414	414	(44) "occupational health physician";
415	415	(45) "occupational medicine doctor";
416	416	(46) "occupational medicine physician";
417	417	(47) "oncologist";
418	418	(48) "ophthalmologist";
419	419	(49) "orthopedic surgeon";
420	420	(50) "orthopedist";
421	421	(51) "osteopath";
422	422	(52) "otolaryngologist";
423	423	(53) "otologist";
424	424	(54) "otorhinolaryngologist";
425	425	(55) "pathologist";
426	426	(56) "pediatrician";
427	427	(57) "physiatrist";
428	428	(58) "physical medicine and rehabilitation
429	429	physician";
430	430	(59) "physician associate";
431	431	(60) "physician graduate";
432	432	(61) "plastic surgeon";
433	433	(62) "primary care doctor";
434	434	(63) "primary care physician";
435	435	(64) "proctologist";
436	436	(65) "psychiatrist";
437	437	(66) "radiologist";
438	438	(67) "resident";
439	439	(68) "rheumatologist";
440	440	(69) "rhinologist";
441	441	(70) "urogynecologist";
442	442	(71) "urologist"; or
443	443	(72) another title specified by board rule.
444	444	(b) Except as provided by Section 104.004, a person who is
445	445	not licensed to practice medicine by the board may not:
446	446	(1) use or publicly display a medical or medical
447	447	specialty title in connection with the person's name either alone
448	448	or in combination with another word or title; or
449	449	(2) indicate or induce another to believe that the
450	450	person is an attending doctor or attending physician or practices
451	451	medicine.
452	452	(c) In a clinical setting, the terms "fellowship" and
453	453	"residency" are reserved for postgraduate medical, dental,
454	454	podiatric, and pharmacologic education and training. The terms may
455	455	not be used to describe nursing or any nonmedical postgraduate
456	456	training.
457	457	(d) In a clinical setting, the terms "attending,"
458	458	"attending doctor," and "attending physician" are reserved for
459	459	physicians who are licensed to practice medicine and who have
460	460	completed a postgraduate medical residency training program.
461	461	(e) In a clinical setting, "physician associate,"
462	462	"associate physician," and "physician graduate" are reserved for
463	463	physicians licensed to practice medicine who:
464	464	(1) are graduates of a board-approved medical school
465	465	or osteopathic medical school; and
466	466	(2) have passed the second component of the United
467	467	States Medical Licensing Examination or the equivalent component of
468	468	another board-approved licensing examination.
469	469	SECTION 10. Section 204.203, Occupations Code, is amended
470	470	to read as follows:
471	471	Sec. 204.203. IDENTIFICATION REQUIREMENTS. A physician
472	472	assistant shall:
473	473	(1) keep the physician assistant's license available
474	474	for inspection at the physician assistant's primary place of
475	475	business; and
476	476	(2) when engaged in the physician assistant's
477	477	professional activities, wear a name tag identifying the license
478	478	holder as a physician assistant by title or the initials "P.A.".
479	479	SECTION 11. Subchapter E, Chapter 204, Occupations Code, is
480	480	amended by adding Section 204.2035 to read as follows:
481	481	Sec. 204.2035. FALSE AND DECEPTIVE ADVERTISING. A
482	482	physician assistant may not use advertising that is false,
483	483	misleading, deceptive, or not readily subject to verification as
484	484	provided by Section 101.201.
485	485	SECTION 12. Sections 301.351(a), (b), and (c), Occupations
486	486	Code, are amended to read as follows:
487	487	(a) A person who holds a license [as a registered nurse]
488	488	under this chapter[:
489	489	[(1)] is referred to as:
490	490	(1) a registered nurse or[; and
491	491	[(2) may use the abbreviation] "R.N.";
492	492	(2) a licensed vocational nurse or "L.V.N.";
493	493	(3) an advanced practice registered nurse or
494	494	"A.P.R.N.";
495	495	(4) a nurse practitioner or "N.P.";
496	496	(5) a nurse midwife;
497	497	(6) a certified registered nurse anesthetist or
498	498	"C.R.N.A."; or
499	499	(7) a clinical nurse specialist or "C.N.S.".
500	500	(b) Except as provided by Section 104.004, a [A] person who
501	501	holds a license [as a vocational nurse] under this chapter may not
502	502	use the title "doctor" unless the person also holds a license issued
503	503	by the Texas Medical Board under Subtitle B, as provided by Section
504	504	165.1565.[:
505	505	[(1) is referred to as a licensed vocational nurse or
506	506	vocational nurse; and
507	507	[(2) may use the abbreviation "L.V.N." or "V.N."]
508	508	(c) While interacting with the public in a nursing role,
509	509	each nurse shall wear a clearly legible insignia identifying the
510	510	nurse in accordance with Subsection (a) [as a registered or
511	511	vocational nurse]. The insignia may not contain information other
512	512	than:
513	513	(1) the appropriate [registered or vocational nurse]
514	514	designation;
515	515	(2) the nurse's name, certifications, academic
516	516	degrees, or practice position;
517	517	(3) the name of the employing facility or agency, or
518	518	other employer;
519	519	(4) a picture of the nurse; or
520	520	(5) any other information authorized by the board.
521	521	SECTION 13. Subchapter H, Chapter 301, Occupations Code, is
522	522	amended by adding Section 301.3515 to read as follows:
523	523	Sec. 301.3515. FALSE AND DECEPTIVE ADVERTISING. A nurse
524	524	may not use advertising that is false, misleading, deceptive, or
525	525	not readily subject to verification as provided by Section 101.201.
526	526	SECTION 14. Section 104.007, Occupations Code, is repealed.
527	527	SECTION 15. Each state regulatory agency that issues a
528	528	license to a health professional or health facility, including the
529	529	Texas Medical Board, Texas Physician Assistant Board, Texas Board
530	530	of Nursing, and Health and Human Services Commission, shall adopt
531	531	rules necessary to implement Chapter 185, Health and Safety Code,
532	532	as added by this Act, and Chapters 101 and 104, Occupations Code, as
533	533	amended by this Act, not later than January 1, 2024.
534	534	SECTION 16. Chapter 185, Health and Safety Code, as added by
535	535	this Act, applies to the provision of health care services on or
536	536	after January 1, 2024.
537	537	SECTION 17. The changes in law made by this Act apply only
538	538	to conduct that occurs on or after the effective date of this Act.
539	539	Conduct that occurs before that date is governed by the law in
540	540	effect on the date the conduct occurred, and the former law is
541	541	continued in effect for that purpose.
542	542	SECTION 18. This Act takes effect September 1, 2023.