warnings on social media ads for medical procedures done abroad

The text as introduced · 906 words

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.