89R6301 SRA-D

By: Plesa H.B. No. 4340

A BILL TO BE ENTITLED

AN ACT

relating to warnings in certain advertisements for, and information and reporting concerning, 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:

(1) "Paid advertisement" means a communication that promotes a good or service and is published or disseminated by a social media platform in exchange for consideration. The term does not include a user post.

(2) "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. A social media platform shall include a warning to users of the platform in connection with any paid advertisement promoting 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

YOU ARE VIEWING AN ADVERTISEMENT FOR A MEDICAL PROCEDURE OR TREATMENT CONDUCTED OUTSIDE THE UNITED STATES. PROCEDURES CONDUCTED OUTSIDE THE UNITED STATES ARE NOT REQUIRED TO FOLLOW THE ESTABLISHED SAFETY STANDARDS REQUIRED OF THIS STATE OR THE UNITED STATES. HEALTH CARE PROVIDERS IN FOREIGN COUNTRIES ARE NOT REGULATED OR CERTIFIED BY THIS STATE OR THE UNITED STATES. IF COMPLICATIONS ARISE, YOU MAY EXPERIENCE DIFFICULTY IN OBTAINING FOLLOW-UP CARE FROM HEALTH CARE PROVIDERS IN THIS STATE OR THE UNITED STATES. PROCEED WITH CAUTION IF YOU OR SOMEONE YOU KNOW HAS EXPERIENCED SERIOUS HEALTH COMPLICATIONS FOLLOWING A MEDICAL PROCEDURE OR TREATMENT OUTSIDE THE UNITED STATES. YOU MAY REPORT THE INCIDENT TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS). NOTE: REPORTING IS FOR INFORMATIONAL AND PUBLIC AWARENESS PURPOSES ONLY AND DOES NOT CONSTITUTE A FORMAL COMPLAINT.

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. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 179 to read as follows:

CHAPTER 179. MEDICAL TOURISM AWARENESS AND REPORTING

Sec. 179.001. MEDICAL TOURISM WEB PAGE. (a) The department, in collaboration with the commission, shall post on a publicly available web page on the department's Internet website information on the risks associated with undergoing a medical procedure or treatment outside the United States. The information must:

(1) describe the potential health risks associated with undergoing a medical procedure or treatment outside the United States, including the challenges posed by communicating in a foreign language that could lead to misunderstandings about a patient's care;

(2) contain the following statements:

(A) health care providers outside the United States are not regulated or certified under the laws of this or another state or under federal law; and

(B) some foreign countries have less stringent regulations for health care providers that may result in unsafe practices and substandard care;

(3) provide guidance on overcoming the challenges of obtaining follow-up care in this state for complications arising from a medical procedure or treatment performed outside the United States;

(4) include resources for individuals seeking more information or assistance regarding medical tourism; and

(5) include other information the executive commissioner considers appropriate.

(b) The department shall post the information in a manner that is easily accessible and readily understandable and regularly update the information.

Sec. 179.002. MEDICAL TOURISM INCIDENT REPORTING DATABASE. (a) The department, in collaboration with the commission, shall establish and maintain a medical tourism incident reporting database to collect and disseminate information on adverse incidents experienced by residents of this state who have undergone a medical procedure or treatment outside the United States.

(b) The database must:

(1) allow the voluntary reporting of an adverse incident, including:

(A) the type of procedure or treatment resulting in the adverse incident;

(B) the municipality, country, and clinic or other facility where the procedure was performed or treatment was received; and

(C) the nature of the complications arising from the procedure or treatment;

(2) ensure all data in the database is de-identified;

(3) provide aggregated data and statistics to inform the public about common risks and trends associated with medical tourism; and

(4) include a disclaimer stating that reporting an adverse incident to the database is for informational and public awareness purposes only and does not constitute a formal complaint.

(c) The department shall promote awareness of the database and encourage reporting through public outreach and education initiatives.

SECTION 4. Not later than December 1, 2025, the Department of State Health Services shall establish the medical tourism web page required by Section 179.001, Health and Safety Code, as added by this Act, and the medical tourism incident reporting database required by Section 179.002, Health and Safety Code, as added by this Act.

SECTION 5. Not later than December 1, 2026, the Department of State Health Services shall submit a report to the members of the legislature and the Legislative Budget Board on the development of the medical tourism incident reporting database required by Section 179.002, Health and Safety Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2025.