HB4586 - Relating to prohibited direct-to-consumer pharmaceutical advertising; providing an administrative penalty.

      By: Frank H.B. No. 4586       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.