Bill Text: TX HB4804 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to requiring social media platforms to include certain warnings in connection with advertisements for medical procedures or treatments conducted in a foreign country.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Business & Industry [HB4804 Detail]

Download: Texas-2023-HB4804-Introduced.html
  88R11526 SRA-D
 
  By: Plesa H.B. No. 4804
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring social media platforms to include certain
  warnings in connection with advertisements for medical procedures
  or treatments conducted in a foreign country.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Laura Avila Act.
         SECTION 2.  Subtitle A, Title 16, Business & Commerce Code,
  is amended by adding Chapter 722 to read as follows:
  CHAPTER 722.  CERTAIN ADVERTISEMENTS FOR MEDICAL TOURISM
         Sec. 722.001.  DEFINITIONS. In this chapter, "social media
  platform" and "user" have the meanings assigned by Section 120.001.
         Sec. 722.002.  APPLICABILITY OF CHAPTER. This chapter
  applies only with respect to a user who resides in this state.
         Sec. 722.003.  WARNING ON CERTAIN MEDICAL TOURISM
  ADVERTISEMENTS REQUIRED. The operator of a social media platform
  shall include a warning to users of its platform in connection with
  any advertisement that promotes the purchase of a medical procedure
  or treatment that would be conducted in a foreign country. The
  warning must be conspicuous and contain the following language:
  WARNING
  THIS ADVERTISEMENT IS FOR A MEDICAL PROCEDURE OR TREATMENT THAT IS
  TO BE CONDUCTED IN A FOREIGN COUNTRY.  UNDERGOING A MEDICAL
  PROCEDURE OR TREATMENT IN A FOREIGN COUNTRY IS DANGEROUS. HEALTH
  CARE PROVIDERS IN A FOREIGN COUNTRY ARE NOT REGULATED BY OR
  CERTIFIED UNDER THE LAWS OF THIS STATE OR OF THE UNITED STATES. AN
  INDIVIDUAL WHO UNDERGOES A MEDICAL PROCEDURE OR TREATMENT IN A
  FOREIGN COUNTRY MAY ENCOUNTER DIFFICULTY LOCATING A HEALTH CARE
  PROVIDER IN THIS STATE OR IN THE UNITED STATES THAT IS WILLING TO
  TREAT THE INDIVIDUAL FOR HARM OR INJURY SUSTAINED AS A RESULT OF THE
  PROCEDURE OR TREATMENT.
         Sec. 722.004.  DECEPTIVE TRADE PRACTICE. A violation of
  Section 722.003 is a deceptive trade practice under Subchapter E,
  Chapter 17, and is actionable under that subchapter.
         SECTION 3.  This Act takes effect September 1, 2023.
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