| 1 | 1 | | By: Frank H.B. No. 4586 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to prohibited direct-to-consumer pharmaceutical |
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| 9 | 9 | | advertising; providing an administrative penalty. |
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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. Subchapter E, Chapter 431, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 431.118 to read as follows: |
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| 13 | 13 | | Sec. 431.118. PROHIBITED PHARMACEUTICAL ADVERTISING; |
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| 14 | 14 | | ADMINISTRATIVE PENALTY. (a) In this section, "direct-to-consumer |
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| 15 | 15 | | pharmaceutical advertising" means any promotional communication |
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| 16 | 16 | | targeting consumers including, but not limited to, television, |
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| 17 | 17 | | radio, print media, digital platforms, and social media, that |
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| 18 | 18 | | markets prescription drugs. |
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| 19 | 19 | | (b) No person or entity may engage in direct-to-consumer |
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| 20 | 20 | | pharmaceutical advertising within this state. |
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| 21 | 21 | | (c) The department may assess an administrative penalty |
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| 22 | 22 | | against a person or entity who violates this section or fails to |
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| 23 | 23 | | comply with a rule adopted under this section. The penalty may not |
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| 24 | 24 | | exceed $10,000 a day for each violation. Each day a violation |
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| 25 | 25 | | continues may be considered a separate violation. Except as |
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| 26 | 26 | | otherwise provided by rule, the department must comply with the |
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| 27 | 27 | | administrative penalty procedures described in Subchapter C. |
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| 28 | 28 | | (d) The executive commissioner may adopt rules as necessary |
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| 29 | 29 | | to implement this section. |
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| 30 | 30 | | SECTION 2. This Act takes effect September 1, 2025. |
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