89R16099 SCR-D
 
  By: Bell of Montgomery H.B. No. 4756
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain advertisements for prescription drugs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 16, Business & Commerce Code,
  is amended by adding Chapter 722 to read as follows:
  CHAPTER 722.  CERTAIN ADVERTISEMENTS FOR PRESCRIPTION DRUGS
         Sec. 722.001.  DEFINITION. In this chapter, "paid
  advertisement" means a communication that promotes a good or
  service and is disseminated in exchange for consideration.
         Sec. 722.002.  PROHIBITED ADVERTISEMENT OF CERTAIN
  PRESCRIPTION DRUGS.  (a)  A person may not disseminate a paid
  advertisement for a prescription drug.
         (b)  Subsection (a) does not apply to a paid advertisement
  disseminated:
               (1)  only to medical, dental, or nursing professionals
  in a professional scientific periodical; or
               (2)  only for public health education by a person who is
  not directly or indirectly commercially interested in the sale of
  the drug.
         Sec. 722.003.  DECEPTIVE TRADE PRACTICE. A violation of
  Section 722.002 is a deceptive trade practice in addition to the
  practices described by Subchapter E, Chapter 17, and is actionable
  under that subchapter.
         SECTION 2.  This Act takes effect September 1, 2025.