HB4340 - Relating to warnings in certain advertisements for, and information and reporting concerning, medical procedures or treatments conducted in a foreign country.

  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.