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Texas Senate Bill SB2181

Texas 2025 - 89th Regular

Texas Senate Bill SB2181 Compare Versions

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11 89R2240 CMO-F
22 By: Hagenbuch S.B. No. 2181
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the regulation of certain health professionals;
1010 providing an administrative penalty.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. The heading to Subchapter E, Chapter 101,
1313 Occupations Code, is amended to read as follows:
1414 SUBCHAPTER E. CERTAIN PRACTICES RELATED TO ADVERTISING AND BILLING
1515 PROHIBITED [GROUNDS FOR LICENSE REVOCATION OR DENIAL]
1616 SECTION 2. Section 101.201, Occupations Code, is amended by
1717 amending Subsection (b) and adding Subsections (c) and (d) to read
1818 as follows:
1919 (b) False, misleading, or deceptive advertising or
2020 advertising not readily subject to verification includes
2121 advertising that:
2222 (1) makes a material misrepresentation of fact or
2323 omits a fact necessary to make the statement as a whole not
2424 materially misleading;
2525 (2) makes a representation likely to create an
2626 unjustified expectation about the results of a health care service
2727 or procedure;
2828 (3) compares a health care professional's services
2929 with another health care professional's services unless the
3030 comparison can be factually substantiated;
3131 (4) contains a testimonial;
3232 (5) causes confusion or misunderstanding as to the
3333 credentials, education, or licensing of a health care professional,
3434 including using a title, a term, or other words that misstate,
3535 falsely describe, falsely hold out, or falsely detail the health
3636 care professional's:
3737 (A) professional skills;
3838 (B) training;
3939 (C) expertise;
4040 (D) educational degree;
4141 (E) specialty certification; or
4242 (F) licensure;
4343 (6) represents that health care insurance deductibles
4444 or copayments may be waived or are not applicable to health care
4545 services to be provided if the deductibles or copayments are
4646 required;
4747 (7) represents that the benefits of a health benefit
4848 plan will be accepted as full payment when deductibles or
4949 copayments are required;
5050 (8) makes a representation that is designed to take
5151 advantage of the fears or emotions of a particularly susceptible
5252 type of patient; or
5353 (9) represents in the use of a professional name a
5454 title or professional identification that is associated with
5555 another profession and the health care professional is not licensed
5656 or otherwise authorized to practice that profession [expressly or
5757 commonly reserved to or used by another profession or
5858 professional].
5959 (c) For purposes of this section, advertising that does not
6060 include the name of the health care professional and the
6161 professional identification required by Section 104.003 is
6262 considered false, misleading, deceptive, or not readily subject to
6363 verification.
6464 (d) In this section, "advertising" includes:
6565 (1) any printed, electronic, or oral statement, with
6666 respect to the provision of health care services by a health care
6767 professional:
6868 (A) that is communicated or disseminated to the
6969 public;
7070 (B) that:
7171 (i) is intended to encourage a person to use
7272 the professional's services; or
7373 (ii) for a commercial purpose, names the
7474 professional in connection with the practice, profession, or
7575 institution in which the professional provides health care
7676 services; and
7777 (C) the preparation, communication, or
7878 dissemination of which is controlled by the professional or a group
7979 to which the professional is affiliated; and
8080 (2) any communication or statement not described by
8181 Subdivision (1) but that is used in the regular course of the
8282 professional's business for the purpose of promoting the
8383 professional's services to the public, including:
8484 (A) business cards;
8585 (B) letterhead;
8686 (C) signs;
8787 (D) pamphlets;
8888 (E) brochures;
8989 (F) e-mails and any other communication or
9090 statement transmitted through the Internet; or
9191 (G) audio or video communications, including
9292 television or radio advertisements.
9393 SECTION 3. Section 104.003, Occupations Code, is amended by
9494 amending Subsections (b) and (c) and adding Subsection (h) to read
9595 as follows:
9696 (b) A person who is licensed by the Texas Medical [State]
9797 Board [of Medical Examiners] and holds a doctor of medicine degree
9898 shall use:
9999 (1) physician or surgeon, M.D.;
100100 (2) doctor, M.D.; [or]
101101 (3) doctor of medicine, M.D.; or
102102 (4) a designation indicating that the person is
103103 certified or eligible for certification, as applicable, by a
104104 certifying board of the American Board of Medical Specialties or a
105105 successor organization.
106106 (c) A person who is licensed by the Texas Medical [State]
107107 Board [of Medical Examiners] and holds a doctor of osteopathy
108108 degree shall use:
109109 (1) physician or surgeon, D.O.;
110110 (2) osteopathic physician or surgeon;
111111 (3) doctor, D.O.;
112112 (4) doctor of osteopathy;
113113 (5) doctor of osteopathic medicine;
114114 (6) osteopath; [or]
115115 (7) D.O.; or
116116 (8) a designation indicating that the person is
117117 certified or eligible for certification, as applicable, by a
118118 certifying board of the American Osteopathic Association or a
119119 successor organization.
120120 (h) Unless another provision of this title specifies
121121 another designation, the person shall use only the following
122122 designations for each healing art the person is licensed to
123123 practice:
124124 (1) "midwife," "physician assistant,"
125125 "acupuncturist," or "surgical assistant," as applicable, if the
126126 person holds a license under Subtitle C;
127127 (2) "dental hygienist," if the person holds a license
128128 to practice dental hygiene issued under Chapter 256;
129129 (3) "licensed vocational nurse," "registered nurse,"
130130 "advanced practice registered nurse," "nurse midwife," "certified
131131 registered nurse anesthetist," "nurse practitioner," or "clinical
132132 nurse specialist," as applicable, if the person holds a license
133133 under Subtitle E;
134134 (4) "speech-language pathologist," "audiologist,"
135135 "hearing instrument fitter and dispenser," "licensed dyslexia
136136 practitioner," or "licensed dyslexia therapist," as applicable, if
137137 the person holds a license under Subtitle G;
138138 (5) "athletic trainer," "physical therapist,"
139139 "occupational therapist," or "massage therapist," as applicable,
140140 if the person holds a license under Subtitle H;
141141 (6) "psychologist," "psychological associate,"
142142 "marriage and family therapist," "marriage and family therapist
143143 associate," "professional counselor," "licensed counselor,"
144144 "chemical dependency counselor," "social worker," "behavioral
145145 analyst," or "assistant behavioral analyst," as applicable, if the
146146 person holds a license under Subtitle I;
147147 (7) "medical radiologic technologist," "medical
148148 physicist," "perfusionist," "respiratory care practitioner,"
149149 "orthotist," or "prosthetist," as applicable, if the person holds a
150150 license or certificate, as appropriate, under Subtitle K; and
151151 (8) "dietitian," if the person holds a license under
152152 Chapter 701.
153153 SECTION 4. Chapter 104, Occupations Code, is amended by
154154 adding Sections 104.0033 and 104.0037 to read as follows:
155155 Sec. 104.0033. FALSE AND DECEPTIVE ADVERTISING. A healing
156156 art practitioner may not use advertising that is false, misleading,
157157 deceptive, or not readily subject to verification as provided by
158158 Section 101.201.
159159 Sec. 104.0037. CERTAIN NAMES OF HEALTH EDUCATION PROGRAMS
160160 PROHIBITED. A person who provides a postgraduate health education
161161 program for a healing art that is regulated under this title may not
162162 use the term "residency" or "fellowship" in the name of the program,
163163 unless the program is intended for physicians, dentists,
164164 podiatrists, or pharmacists.
165165 SECTION 5. Section 104.005(a), Occupations Code, is amended
166166 to read as follows:
167167 (a) On the request of a healing art licensing board that
168168 issues a license, certificate, or other authorization described by
169169 [listed in] Section 104.003, the district or county attorney shall
170170 file and prosecute appropriate judicial proceedings in the name of
171171 the state against a person who violates Section 104.003.
172172 SECTION 6. Chapter 104, Occupations Code, is amended by
173173 adding Section 104.008 to read as follows:
174174 Sec. 104.008. ADMINISTRATIVE PENALTY. (a) A healing art
175175 licensing board that issues a license, certificate, or other
176176 authorization described by Section 104.003 may impose an
177177 administrative penalty on a person who:
178178 (1) holds a license, certificate, or other
179179 authorization issued by the healing art licensing board; and
180180 (2) violates this chapter.
181181 (b) The amount of an administrative penalty may not exceed
182182 $1,000 for each violation. Each day a violation continues or occurs
183183 is a separate violation for purposes of imposing a penalty.
184184 (c) A proceeding to impose an administrative penalty under
185185 this section is subject to Chapter 2001, Government Code.
186186 SECTION 7. Section 165.156, Occupations Code, is amended to
187187 read as follows:
188188 Sec. 165.156. MISREPRESENTATION REGARDING ENTITLEMENT TO
189189 PRACTICE MEDICINE. A person, partnership, trust, association, or
190190 corporation commits an offense if the person, partnership, trust,
191191 association, or corporation, through the use of any title,
192192 abbreviation, description of services, designation, letters,
193193 words, or terms, alone or in combination with any other title,
194194 affixed on stationery or on advertisements, or in any other manner,
195195 including oral or written communications, indicates or induces
196196 another to believe that the person, partnership, trust,
197197 association, or corporation is entitled to practice medicine if the
198198 person, partnership, trust, association, or corporation is not
199199 licensed to do so.
200200 SECTION 8. Subchapter D, Chapter 165, Occupations Code, is
201201 amended by adding Section 165.1565 to read as follows:
202202 Sec. 165.1565. USE OF TITLE. (a) In this section, "medical
203203 or medical specialty title" means:
204204 (1) "doctor of medicine" or "M.D.";
205205 (2) "doctor of osteopathy" or "D.O.";
206206 (3) "physician";
207207 (4) "surgeon";
208208 (5) "osteopathic physician";
209209 (6) "osteopathic surgeon";
210210 (7) "doctor";
211211 (8) "anesthesiologist";
212212 (9) "cardiologist";
213213 (10) "dermatologist";
214214 (11) "endocrinologist";
215215 (12) "gastroenterologist";
216216 (13) "general practitioner";
217217 (14) "gynecologist";
218218 (15) "hematologist";
219219 (16) "intensivist";
220220 (17) "internist";
221221 (18) "laryngologist";
222222 (19) "nephrologist";
223223 (20) "neurologist";
224224 (21) "obstetrician";
225225 (22) "oncologist";
226226 (23) "ophthalmologist";
227227 (24) "orthopedic surgeon";
228228 (25) "orthopedist";
229229 (26) "osteopath";
230230 (27) "otologist";
231231 (28) "otolaryngologist";
232232 (29) "otorhinolaryngologist";
233233 (30) "pathologist";
234234 (31) "pediatrician";
235235 (32) "primary care physician";
236236 (33) "proctologist";
237237 (34) "psychiatrist";
238238 (35) "pulmonologist";
239239 (36) "radiologist";
240240 (37) "resident";
241241 (38) "rheumatologist";
242242 (39) "rhinologist"; or
243243 (40) "urologist".
244244 (b) Except as provided by Section 104.004, a person who is
245245 not licensed to practice medicine by the board may not:
246246 (1) use or publicly display a medical or medical
247247 specialty title in connection with the person's name either alone
248248 or in combination with another word or title; or
249249 (2) indicate or induce another to believe that the
250250 person is an attending doctor or attending physician.
251251 SECTION 9. Section 204.203, Occupations Code, is amended to
252252 read as follows:
253253 Sec. 204.203. IDENTIFICATION REQUIREMENTS. A physician
254254 assistant shall:
255255 (1) keep the physician assistant's license available
256256 for inspection at the physician assistant's primary place of
257257 business; and
258258 (2) when engaged in the physician assistant's
259259 professional activities, wear a name tag identifying the license
260260 holder as a physician assistant by title or the initials "P.A.".
261261 SECTION 10. Subchapter E, Chapter 204, Occupations Code, is
262262 amended by adding Section 204.2035 to read as follows:
263263 Sec. 204.2035. FALSE AND DECEPTIVE ADVERTISING. A
264264 physician assistant may not use advertising that is false,
265265 misleading, deceptive, or not readily subject to verification as
266266 provided by Section 101.201.
267267 SECTION 11. Sections 301.351(a), (b), and (c), Occupations
268268 Code, are amended to read as follows:
269269 (a) A person who holds a license [as a registered nurse]
270270 under this chapter[:
271271 [(1)] is referred to as:
272272 (1) a registered nurse or [; and
273273 [(2) may use the abbreviation] "R.N.";
274274 (2) a licensed vocational nurse or "L.V.N.";
275275 (3) an advanced practice registered nurse or
276276 "A.P.R.N.";
277277 (4) a nurse practitioner or "N.P.";
278278 (5) a nurse midwife;
279279 (6) a certified registered nurse anesthetist or
280280 "C.R.N.A."; or
281281 (7) a clinical nurse specialist or "C.N.S.".
282282 (b) A person who holds a license [as a vocational nurse]
283283 under this chapter may not use the title "doctor" unless the person
284284 also holds a license issued by the Texas Medical Board under
285285 Subtitle B, as provided by Section 165.1565. [:
286286 [(1) is referred to as a licensed vocational nurse or
287287 vocational nurse; and
288288 [(2) may use the abbreviation "L.V.N." or "V.N."]
289289 (c) While interacting with the public in a nursing role,
290290 each nurse shall wear a clearly legible insignia identifying the
291291 nurse in accordance with Subsection (a) [as a registered or
292292 vocational nurse]. The insignia may not contain information other
293293 than:
294294 (1) the appropriate [registered or vocational nurse]
295295 designation;
296296 (2) the nurse's name, certifications, academic
297297 degrees, or practice position;
298298 (3) the name of the employing facility or agency, or
299299 other employer;
300300 (4) a picture of the nurse; or
301301 (5) any other information authorized by the board.
302302 SECTION 12. Subchapter H, Chapter 301, Occupations Code, is
303303 amended by adding Section 301.3515 to read as follows:
304304 Sec. 301.3515. FALSE AND DECEPTIVE ADVERTISING. A nurse
305305 may not use advertising that is false, misleading, deceptive, or
306306 not readily subject to verification as provided by Section 101.201.
307307 SECTION 13. The changes in law made by this Act apply only
308308 to conduct that occurs on or after the effective date of this Act.
309309 Conduct that occurs before that date is governed by the law in
310310 effect on the date the conduct occurred, and the former law is
311311 continued in effect for that purpose.
312312 SECTION 14. This Act takes effect September 1, 2025.