The proposed bill aims to prohibit medical professionals from soliciting individuals who have been injured in accidents or disasters for the purpose of providing healthcare services. It defines "medical professional" and "solicitation," and establishes that such solicitation is not allowed unless there is a prior relationship with the individual or if it occurs more than 30 days after the incident. Violations of this prohibition are classified as a Class D felony, and any agreements made as a result of such solicitation are deemed invalid. Additionally, individuals or insurance companies who have paid for services obtained through these violations are entitled to a full refund and reasonable attorney fees.
The bill also clarifies that while direct solicitation is prohibited, targeted advertising through direct mail or other non-coercive means is still permissible. It categorizes violations as deceptive trade practices, allowing for enforcement under the Deceptive Trade Practices Act. Furthermore, individuals suffering financial losses due to violations can pursue private legal action to recover their losses, costs, and attorney fees, with a minimum recovery amount specified. The relief provided by this bill is supplementary to any other legal remedies available for similar conduct.