89R16099 SCR-D
By: Bell of Montgomery H.B. No. 4756
A BILL TO BE ENTITLED
AN ACT
relating to certain advertisements for prescription drugs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 16, Business & Commerce Code,
is amended by adding Chapter 722 to read as follows:
CHAPTER 722. CERTAIN ADVERTISEMENTS FOR PRESCRIPTION DRUGS
Sec. 722.001. DEFINITION. In this chapter, "paid
advertisement" means a communication that promotes a good or
service and is disseminated in exchange for consideration.
Sec. 722.002. PROHIBITED ADVERTISEMENT OF CERTAIN
PRESCRIPTION DRUGS. (a) A person may not disseminate a paid
advertisement for a prescription drug.
(b) Subsection (a) does not apply to a paid advertisement
disseminated:
(1) only to medical, dental, or nursing professionals
in a professional scientific periodical; or
(2) only for public health education by a person who is
not directly or indirectly commercially interested in the sale of
the drug.
Sec. 722.003. DECEPTIVE TRADE PRACTICE. A violation of
Section 722.002 is a deceptive trade practice in addition to the
practices described by Subchapter E, Chapter 17, and is actionable
under that subchapter.
SECTION 2. This Act takes effect September 1, 2025.