By: Frank H.B. No. 4586
A BILL TO BE ENTITLED
AN ACT
relating to prohibited direct-to-consumer pharmaceutical
advertising; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 431, Health and Safety
Code, is amended by adding Section 431.118 to read as follows:
Sec. 431.118. PROHIBITED PHARMACEUTICAL ADVERTISING;
ADMINISTRATIVE PENALTY. (a) In this section, "direct-to-consumer
pharmaceutical advertising" means any promotional communication
targeting consumers including, but not limited to, television,
radio, print media, digital platforms, and social media, that
markets prescription drugs.
(b) No person or entity may engage in direct-to-consumer
pharmaceutical advertising within this state.
(c) The department may assess an administrative penalty
against a person or entity who violates this section or fails to
comply with a rule adopted under this section. The penalty may not
exceed $10,000 a day for each violation. Each day a violation
continues may be considered a separate violation. Except as
otherwise provided by rule, the department must comply with the
administrative penalty procedures described in Subchapter C.
(d) The executive commissioner may adopt rules as necessary
to implement this section.
SECTION 2. This Act takes effect September 1, 2025.