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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring social media platforms to include certain |
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warnings in connection with advertisements for medical procedures |
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or treatments conducted in a foreign country. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Laura Avila Act. |
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SECTION 2. Subtitle A, Title 16, Business & Commerce Code, |
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is amended by adding Chapter 722 to read as follows: |
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CHAPTER 722. CERTAIN ADVERTISEMENTS FOR MEDICAL TOURISM |
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Sec. 722.001. DEFINITIONS. In this chapter, "social media |
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platform" and "user" have the meanings assigned by Section 120.001. |
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Sec. 722.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only with respect to a user who resides in this state. |
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Sec. 722.003. WARNING ON CERTAIN MEDICAL TOURISM |
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ADVERTISEMENTS REQUIRED. The operator of a social media platform |
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shall include a warning to users of its platform in connection with |
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any advertisement that promotes the purchase of a medical procedure |
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or treatment that would be conducted in a foreign country. The |
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warning must be conspicuous and contain the following language: |
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WARNING |
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THIS ADVERTISEMENT IS FOR A MEDICAL PROCEDURE OR TREATMENT THAT IS |
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TO BE CONDUCTED IN A FOREIGN COUNTRY. UNDERGOING A MEDICAL |
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PROCEDURE OR TREATMENT IN A FOREIGN COUNTRY IS DANGEROUS. HEALTH |
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CARE PROVIDERS IN A FOREIGN COUNTRY ARE NOT REGULATED BY OR |
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CERTIFIED UNDER THE LAWS OF THIS STATE OR OF THE UNITED STATES. AN |
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INDIVIDUAL WHO UNDERGOES A MEDICAL PROCEDURE OR TREATMENT IN A |
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FOREIGN COUNTRY MAY ENCOUNTER DIFFICULTY LOCATING A HEALTH CARE |
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PROVIDER IN THIS STATE OR IN THE UNITED STATES THAT IS WILLING TO |
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TREAT THE INDIVIDUAL FOR HARM OR INJURY SUSTAINED AS A RESULT OF THE |
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PROCEDURE OR TREATMENT. |
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Sec. 722.004. DECEPTIVE TRADE PRACTICE. A violation of |
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Section 722.003 is a deceptive trade practice under Subchapter E, |
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Chapter 17, and is actionable under that subchapter. |
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SECTION 3. This Act takes effect September 1, 2023. |