Texas 2025 - 89th Regular

Texas House Bill HB4454 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R23851 KRM-F
2	1		By: Vo H.B. No. 4454
3		-	Substitute the following for H.B. No. 4454:
4		-	By: VanDeaver C.S.H.B. No. 4454
5		-
6		-
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to solicitation of patients and other prohibited marketing
12		-	practices, the establishment of the task force on patient
13		-	solicitation, and the prosecution of certain related criminal
14		-	offenses.
	7	+	practices and the establishment of the task force on patient
	8	+	solicitation; increasing criminal penalties.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
17	11		amended by adding Chapter 110 to read as follows:
18	12		CHAPTER 110. TASK FORCE ON PATIENT SOLICITATION
19	13		Sec. 110.001. DEFINITION. In this chapter, "task force"
20	14		means the task force on patient solicitation created under this
21	15		chapter.
22	16		Sec. 110.002. PURPOSE. The task force is established to
23	17		study and make recommendations on preventing conduct that violates
24	18		Chapter 164 of this code or Chapter 102, Occupations Code, and to
25	19		improve enforcement of those chapters.
26		-	Sec. 110.003. MEMBERSHIP. (a) The task force is composed of
27		-	eight members as follows:
	20	+	Sec. 110.003. MEMBERSHIP. (a) The task force is composed
	21	+	of eight members as follows:
28	22		(1) four members the executive commissioner appoints;
29	23		and
30	24		(2) four members the attorney general appoints.
31	25		(b) Each task force member must have expertise in the field
32	26		of health care or advertising.
33	27		(c) Task force members serve without compensation.
34	28		Sec. 110.004. ADMINISTRATIVE ATTACHMENT. The task force is
35	29		administratively attached to the commission.
36	30		Sec. 110.005. ACCESS TO INFORMATION; CONFIDENTIALITY OF
37		-	PROVIDED INFORMATION. The attorney general and the commission ~~shall~~
38		-	provide the task force with information the task force ~~requests to~~
39		-	allow the task force to fulfill its duties. Information ~~provided~~
40		-	under this section is confidential and is not subject to ~~disclosure~~
41		-	under Chapter 552, Government Code.
	31	+	PROVIDED INFORMATION. The attorney general and the commission
	32	+	shall provide the task force with information the task force
	33	+	requests to allow the task force to fulfill its duties. Information
	34	+	provided under this section is confidential and is not subject to
	35	+	disclosure under Chapter 552, Government Code.
42	36		Sec. 110.006. REPORT. Not later than December 1 of each
43	37		even-numbered year, the task force shall submit to the legislature
44	38		a report that includes:
45	39		(1) a summary of civil or criminal actions brought on
46	40		behalf of the state and administrative actions by state regulatory
47	41		agencies in the preceding biennium for conduct that violates
48	42		Chapter 164 of this code or Chapter 102, Occupations Code; and
49	43		(2) legislative recommendations for preventing
50	44		conduct that violates Chapter 164 of this code or Chapter 102,
51	45		Occupations Code, and improving enforcement of those chapters.
52	46		SECTION 2. Section 164.002, Health and Safety Code, is
53	47		amended to read as follows:
54	48		Sec. 164.002. LEGISLATIVE PURPOSE. The purpose of this
55	49		chapter is to safeguard the public against fraud, deceit, and
56	50		misleading marketing practices and to foster and encourage
57	51		competition and fair dealing by mental health facilities and
58	52		chemical dependency [treatment] facilities by prohibiting or
59	53		restricting practices by which the public has been injured in
60	54		connection with the marketing and advertising of mental health
61	55		services and the admission of patients. Nothing in this chapter
62	56		should be construed to prohibit a mental health facility or
63	57		chemical dependency facility from advertising its services in a
64	58		general way or promoting its specialized services. However, the
65	59		public should be able to clearly distinguish between the marketing
66	60		activities of the facility and its clinical functions.
67	61		SECTION 3. Section 164.003(1), Health and Safety Code, is
68	62		amended to read as follows:
69	63		(1) "Advertising" or "advertise" means a solicitation
70	64		or inducement, through print or electronic media, including radio,
71	65		television, the Internet, or direct mail, to purchase the services
72	66		provided by a treatment facility.
73	67		SECTION 4. Section 164.006, Health and Safety Code, is
74	68		amended to read as follows:
75	69		Sec. 164.006. SOLICITING AND CONTRACTING WITH CERTAIN
76	70		REFERRAL SOURCES. A treatment facility or a person employed or
77	71		under contract with a treatment facility, if acting on behalf of the
78	72		treatment facility, may not:
79	73		(1) contact a referral source or potential client for
80	74		the purpose of soliciting, directly or indirectly, a referral of a
81	75		patient to the treatment facility without disclosing its soliciting
82	76		agent's, employee's, or contractor's affiliation with the treatment
83	77		facility;
84	78		(2) offer to provide or provide mental health or
85	79		chemical dependency services to a public or private school in this
86		-	state, on a part-time or full-time basis, or the services of any of
87		-	~~its~~ employees or agents who make, or are in a position to make, a
	80	+	state, on a part-time or full-time basis, the services of any of its
	81	+	employees or agents who make, or are in a position to make, a
88	82		referral, if the services are provided on an individual basis to
89	83		individual students or their families. Nothing herein prohibits a
90	84		treatment facility from:
91	85		(A) offering or providing educational programs
92	86		in group settings to public schools in this state if the affiliation
93	87		between the educational program and the treatment facility is
94	88		disclosed;
95	89		(B) providing counseling services to a public
96	90		school in this state in an emergency or crisis situation if the
97	91		services are provided in response to a specific request by a school;
98	92		provided that, under no circumstances may a student be referred to
99	93		the treatment facility offering the services; or
100	94		(C) entering into a contract under Section
101	95		464.020 with the board of trustees of a school district with a
102	96		disciplinary alternative education program, or with the board's
103	97		designee, for the provision of chemical dependency treatment
104	98		services;
105	99		(3) provide to an entity of state or local government,
106	100		on a part-time or full-time basis, the mental health or chemical
107	101		dependency services of any of its employees, agents, or contractors
108	102		who make or are in a position to make referrals unless:
109	103		(A) the treatment facility discloses to the
110	104		governing authority of the entity:
111	105		(i) the employee's, agent's, or
112	106		contractor's relationship to the facility; and
113	107		(ii) the fact that the employee, agent, or
114	108		contractor might make a referral, if permitted, to the facility;
115	109		and
116	110		(B) the employee, agent, or contractor makes a
117	111		referral only if:
118	112		(i) the treatment facility obtains the
119	113		governing authority's authorization in writing for the employee,
120	114		agent, or contractor to make the referrals; and
121	115		(ii) the employee, agent, or contractor
122	116		discloses to the prospective patient the employee's, agent's, or
123	117		contractor's relationship to the facility at initial contact; [or]
124	118		(4) in relation to intervention and assessment
125	119		services, contract with, offer to remunerate, or remunerate a
126	120		person who operates an intervention and assessment service that
127	121		makes referrals to a treatment facility for inpatient or outpatient
128	122		treatment of mental illness or chemical dependency unless the
129	123		intervention and assessment service is:
130	124		(A) operated by a community mental health and
131	125		intellectual disability center the commission funds [funded by the
132	126		department and the Department of Aging and Disability Services];
133	127		(B) operated by a county or regional medical
134	128		society;
135	129		(C) a qualified mental health referral service as
136	130		defined by Section 164.007; or
137	131		(D) owned and operated by a nonprofit or
138	132		not-for-profit organization offering counseling concerning family
139	133		violence, help for runaway children, or rape; or
140	134		(5) contract with a marketing provider who agrees to
141	135		provide general referrals or leads for the placement of prospective
142	136		patients with a service provider or in a recovery residence through
143	137		a call center or Internet website presence, unless the terms of that
144	138		contract are disclosed to the prospective patient.
145	139		SECTION 5. Section 164.010, Health and Safety Code, is
146	140		amended to read as follows:
147	141		Sec. 164.010. PROHIBITED ACTS. It is a violation of this
148	142		chapter, in connection with the marketing of mental health
149	143		services, for a person to:
150	144		(1) advertise, expressly or impliedly, the services of
151	145		a treatment facility through the use of:
152	146		(A) promises of cure or guarantees of treatment
153	147		results that cannot be substantiated; or
154	148		(B) any unsubstantiated claims;
155	149		(2) advertise, expressly or impliedly, the
156	150		availability of intervention and assessment services unless and
157	151		until the services are available and are provided by mental health
158	152		professionals licensed or certified to provide the particular
159	153		service;
160	154		(3) fail to disclose before soliciting a referral
161	155		source or prospective patient to induce a person to use the services
162	156		of the treatment facility an affiliation between a treatment
163	157		facility and its soliciting agents, employees, or contractors;
164	158		(4) obtain or disclose information considered
165	159		confidential by state or federal law regarding a person for the
166	160		purpose of soliciting that person to use the services of a treatment
167	161		facility unless and until consent is obtained from the person or, in
168	162		the case of a minor, the person's parent, managing conservator, or
169	163		legal guardian or another person with authority to give that
170	164		authorization; [or]
171	165		(5) represent that a referral service is a qualified
172	166		mental health referral service unless and until the referral
173	167		service complies with Section 164.007;
174	168		(6) make a false or misleading statement or provide
175		-	false or misleading information about the ~~treatment~~ facility's
176		-	~~services or~~ location in the ~~treatment~~ facility's advertising media
177		-	~~or on its Internet~~ website; or
178		-	(7) provide a link on the ~~treatment~~ facility's
179		-	~~Internet website~~ that redirects the user to another Internet
180		-	~~website containing~~ false or misleading statements or information
181		-	~~described by~~ Subdivision (6).
	169	+	false or misleading information about the facility's services or
	170	+	location in the facility's advertising media or on its Internet
	171	+	website; or
	172	+	(7) provide a link on the facility's Internet website
	173	+	that redirects the user to another Internet website containing
	174	+	false or misleading statements or information described by
	175	+	Subdivision (6).
182	176		SECTION 6. Section 164.011(a), Health and Safety Code, is
183	177		amended to read as follows:
184	178		(a) If it appears that a person is in violation of this
185	179		chapter, the attorney general, a district attorney, or a county
186	180		attorney may institute an action for injunctive relief to restrain
187	181		the person from continuing the violation and for civil penalties of
188	182		not less than $2,000 [$1,000] and not more than $25,000 per
189	183		violation.
190		-	SECTION 7. Section 102.001(a), Occupations Code, is amended
191		-	to read as follows:
192		-	(a) A person commits an offense if the person knowingly
193		-	offers to pay or agrees to accept, directly or indirectly, overtly
194		-	or covertly any remuneration in cash or in kind or any benefit or
195		-	commission to or from another for securing or soliciting a patient
196		-	or patronage for or from a person licensed, certified, or
197		-	registered by a state health care regulatory agency.
	184	+	SECTION 7. Section 102.001, Occupations Code, is amended to
	185	+	read as follows:
	186	+	Sec. 102.001. SOLICITING PATIENTS; OFFENSE. (a) A person
	187	+	commits an offense if the person knowingly offers to pay or agrees
	188	+	to accept, directly or indirectly, overtly or covertly any
	189	+	remuneration in cash or in kind or any benefit or commission to or
	190	+	from another for securing or soliciting a patient or patronage for
	191	+	or from a person licensed, certified, or registered by a state
	192	+	health care regulatory agency.
	193	+	(b) Except as provided by Subsection (c), an offense under
	194	+	this section is a state jail felony [Class A misdemeanor].
	195	+	(c) An offense under this section is a felony of the second
	196	+	[third] degree if it is shown on the trial of the offense that the
	197	+	person:
	198	+	(1) has previously been convicted of an offense under
	199	+	this section; or
	200	+	(2) was employed by a federal, state, or local
	201	+	government at the time of the offense.
198	202		SECTION 8. Section 102.004, Occupations Code, is amended to
199	203		read as follows:
200	204		Sec. 102.004. APPLICABILITY TO ADVERTISING. Section
201	205		102.001 does not prohibit advertising, unless the advertising is:
202	206		(1) false, misleading, or deceptive; [or]
203	207		(2) not readily subject to verification, if the
204	208		advertising claims professional superiority or the performance of a
205	209		professional service in a superior manner; or
206	210		(3) prohibited under Chapter 164, Health and Safety
207	211		Code, as applicable.
208		-	SECTION 9. Section 102.006(a), Occupations Code, is amended
209		-	to read as follows:
210		-	(a) A person commits an offense if:
	212	+	SECTION 9. Section 102.006, Occupations Code, is amended to
	213	+	read as follows:
	214	+	Sec. 102.006. FAILURE TO DISCLOSE; OFFENSE. (a) A person
	215	+	commits an offense if:
211	216		(1) the person, in a manner otherwise permitted under
212	217		Section 102.001, accepts remuneration, a benefit, or a commission
213	218		to secure or solicit a patient or patronage for a person licensed,
214	219		certified, or registered by a state health care regulatory agency;
215	220		and
216	221		(2) does not, at the time of initial contact and at the
217	222		time of referral, disclose to the patient:
218	223		(A) the person's affiliation, if any, with the
219	224		person for whom the patient is secured or solicited; and
220	225		(B) that the person will receive, directly or
221	226		indirectly, remuneration, a benefit, or a commission for securing
222	227		or soliciting the patient.
223		-	SECTION 10. Sections 102.051(a) and (b), Occupations Code,
224		-	are amended to read as follows:
	228	+	(b) Except as provided by Subsection (c), an offense under
	229	+	this section is a state jail felony [Class A misdemeanor].
	230	+	(c) An offense under this section is a felony of the second
	231	+	[third] degree if it is shown on the trial of the offense that the
	232	+	person:
	233	+	(1) has previously been convicted of an offense under
	234	+	this section; or
	235	+	(2) was employed by a federal, state, or local
	236	+	government at the time of the offense.
	237	+	SECTION 10. Sections 102.051(a), (b), and (c), Occupations
	238	+	Code, are amended to read as follows:
225	239		(a) A person commits an offense if the person:
226	240		(1) practices the art of healing with or without the
227	241		use of medicine; and
228	242		(2) employs or agrees to employ, pays or promises to
229	243		pay, or rewards or promises to reward or provide any benefit or
230	244		commission to another for soliciting or securing a patient or
231	245		patronage.
232	246		(b) A person commits an offense if the person accepts or
233	247		agrees to accept anything of value or any benefit or commission for
234	248		soliciting or securing a patient or patronage for a person who
235	249		practices the art of healing with or without the use of medicine.
	250	+	(c) An offense under this section is a Class B misdemeanor
	251	+	[punishable by a fine of not less than $100 or more than $200]. Each
	252	+	violation of this section is a separate offense.
236	253		SECTION 11. The changes in law made by this Act apply only
237	254		to an offense committed on or after the effective date of this Act.
238	255		An offense committed before the effective date of this Act is
239	256		governed by the law in effect on the date the offense was committed,
240	257		and the former law is continued in effect for that purpose. For
241	258		purposes of this section, an offense was committed before the
242	259		effective date of this Act if any element of the offense occurred
243	260		before that date.
244	261		SECTION 12. This Act takes effect September 1, 2025.