By:  Van de Putte                                                 S.B. No. 1144


A BILL TO BE ENTITLED

AN ACT

relating to limiting the promotion of infant formula by certain 
health care providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 165, Health and Safety 
Code, is amended by adding Section 165.005 to read as follows:
	Sec.  165.005.  INFANT FORMULA PROMOTION 
PROHIBITION.  (a)  A hospital, birthing center, physician, or 
other health care provider that provides services to mothers and 
infants may not promote the use of infant formula, including by:
		(1)  distributing without charge an infant formula or 
any item containing the name of an infant formula; and
		(2)  advertising an infant formula.                                    
	(b)  Subsection (a) does not prohibit a health care provider 
from:    
		(1)  providing infant formula or food instruments 
redeemable for infant formula under the special supplemental 
nutrition program for women, infants, and children; or
		(2)  prescribing or providing infant formula or 
information regarding infant formula if, in the exercise of 
professional judgment, the provider determines the formula or 
information is medically indicated.
	(c)  The executive commissioner of the Health and Human 
Services Commission shall adopt rules to implement this section.
	SECTION 2.  This Act takes effect September 1, 2005.