H.B. No. 3415 aims to strengthen the regulation of health professionals in Texas by implementing stricter guidelines on advertising and billing practices. The bill introduces provisions that prohibit false, misleading, or deceptive advertising by health care professionals, requiring them to accurately represent their qualifications and services. It amends the heading of Subchapter E, Chapter 101 of the Occupations Code to emphasize "Certain Practices Related to Advertising and Billing Prohibited," moving away from the previous focus on license revocation grounds. The definition of misleading advertising is expanded to include misrepresentations about a professional's skills, training, and credentials, and any advertising that lacks required professional identification is deemed deceptive.
Additionally, the bill establishes an administrative penalty framework, allowing licensing boards to impose fines of up to $1,000 for each violation, with each day a violation continues counting as a separate offense. It introduces specific regulations for physician assistants and nurses, including new sections that prohibit misleading advertising for both professions. The bill also clarifies the titles and abbreviations that licensed nurses may use, ensuring that only those authorized can use specific medical titles, and prohibits licensed nurses from using the title "doctor" unless they hold a license from the Texas Medical Board. These changes will take effect on September 1, 2025, and will apply only to conduct occurring after that date.
Statutes affected: Introduced: Occupations Code 101.201, Occupations Code 104.003, Occupations Code 104.005, Occupations Code 165.156, Occupations Code 204.203, Occupations Code 301.351 (Occupations Code 165, Occupations Code 301, Occupations Code 101, Occupations Code 104, Occupations Code 204)
House Committee Report: Occupations Code 101.201, Occupations Code 104.003, Occupations Code 104.005, Occupations Code 165.156, Occupations Code 204.203, Occupations Code 301.351 (Occupations Code 165, Occupations Code 301, Occupations Code 101, Occupations Code 104, Occupations Code 204)