Texas 2025 - 89th Regular

Texas House Bill HB4454

Filed
3/11/25  
Out of House Committee
4/23/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to solicitation of patients and other prohibited marketing practices, the establishment of the task force on patient solicitation, and the prosecution of certain related criminal offenses.

Impact

The bill amends the Health and Safety Code, particularly focusing on the marketing practices of mental health and chemical dependency facilities. It prohibits treatment facilities from soliciting or contacting potential patients without disclosing affiliations. Furthermore, severe penalties are implemented for violations, which include civil penalties ranging from $2,000 to $25,000 per infraction. By establishing these prohibitions, the bill aims to safeguard the public from deceptive marketing and fraud while making it clearer for consumers to navigate treatment options.

Summary

House Bill 4454 addresses the solicitation of patients and aims to prohibit certain marketing practices within the mental health and chemical dependency treatment sectors. The bill establishes a task force focused on studying and improving enforcement of the law regarding patient solicitation. This legislation seeks to ensure transparency in the referral process and addresses concerns around misleading practices that can harm potential patients seeking mental health services. The purpose is to protect consumers and promote fair dealing in advertising practices related to treatment services.

Sentiment

The sentiment surrounding HB 4454 appears to lean towards favoring increased regulation in the treatment facilities sector. Proponents argue that these measures are necessary for protecting vulnerable populations from aggressive and misleading marketing tactics. However, there are underlying concerns about the feasibility of enforcing these restrictions and potential pushback from treatment facilities that see these regulations as burdensome or overly restrictive. This sentiment reflects a balance between ensuring patient safety and allowing treatment facilities the ability to market their services effectively.

Contention

Notable points of contention surrounding the bill include debates about the extent of regulation over advertising and the implications for treatment facilities' ability to connect with potential patients. Some critics argue that excessive regulation could limit access to necessary services, particularly if marketing restrictions are perceived to hinder public awareness of available treatment options. Additionally, potential legal challenges to enforcing these provisions may arise; establishments could contest their right to market their services in traditional ways without facing punitive actions.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 164. Treatment Facilities Marketing And Admission Practices
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Occupations Code

  • Chapter 102. Solicitation Of Patients
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB3331

Relating to solicitation of patients and other prohibited marketing practices and the establishment of the task force on patient solicitation; increasing criminal penalties.

TX HB248

Relating to solicitation of patients and other prohibited marketing practices and the establishment of the task force on patient solicitation; increasing criminal penalties.

Similar Bills

CA SB636

Addiction treatment: advertising: payment.

CA AB1455

The California Public Records Act: exemptions.

CA AB3025

Workers’ compensation: advertisements.

LA HB815

Provides relative to certain federally-regulated information (EG SEE FISC NOTE)

CA SB589

Alcohol and other drug abuse recovery services: advertising and marketing.

CA SB1165

Substance abuse and mental health services: advertisement and marketing.

CA AB2294

Workers’ compensation.

CA SB541

Substance use disorder treatment facilities and programs: disclosure of license and certification status.