| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibited direct-to-consumer pharmaceutical |
|
|
advertising; providing an administrative penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 431, Health and Safety |
|
|
Code, is amended by adding Section 431.118 to read as follows: |
|
|
Sec. 431.118. PROHIBITED PHARMACEUTICAL ADVERTISING; |
|
|
ADMINISTRATIVE PENALTY. (a) In this section, "direct-to-consumer |
|
|
pharmaceutical advertising" means any promotional communication |
|
|
targeting consumers including, but not limited to, television, |
|
|
radio, print media, digital platforms, and social media, that |
|
|
markets prescription drugs. |
|
|
(b) No person or entity may engage in direct-to-consumer |
|
|
pharmaceutical advertising within this state. |
|
|
(c) The department may assess an administrative penalty |
|
|
against a person or entity who violates this section or fails to |
|
|
comply with a rule adopted under this section. The penalty may not |
|
|
exceed $10,000 a day for each violation. Each day a violation |
|
|
continues may be considered a separate violation. Except as |
|
|
otherwise provided by rule, the department must comply with the |
|
|
administrative penalty procedures described in Subchapter C. |
|
|
(d) The executive commissioner may adopt rules as necessary |
|
|
to implement this section. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |