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A BILL TO BE ENTITLED
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AN ACT
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relating to certain advertisements for prescription drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 PRESCRIPTION DRUGS |
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Sec. 722.001. DEFINITION. In this chapter, "paid |
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advertisement" means a communication that promotes a good or |
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service and is disseminated in exchange for consideration. |
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Sec. 722.002. PROHIBITED ADVERTISEMENT OF CERTAIN |
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PRESCRIPTION DRUGS. (a) A person may not disseminate a paid |
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advertisement for a prescription drug. |
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(b) Subsection (a) does not apply to a paid advertisement |
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disseminated: |
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(1) only to medical, dental, or nursing professionals |
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in a professional scientific periodical; or |
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(2) only for public health education by a person who is |
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not directly or indirectly commercially interested in the sale of |
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the drug. |
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Sec. 722.003. DECEPTIVE TRADE PRACTICE. A violation of |
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Section 722.002 is a deceptive trade practice in addition to the |
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practices described by Subchapter E, Chapter 17, and is actionable |
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under that subchapter. |
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SECTION 2. This Act takes effect September 1, 2025. |