Relating to the regulation of certain health professionals; providing an administrative penalty.

89(R) HB 3415 - House Committee Report version - Bill Text

89R22984 RAL-F

By: Bhojani, Oliverson, Campos,

H.B. No. 3415

Jones of Harris, Schofield

Substitute the following for H.B. No. 3415:

By: VanDeaver

C.S.H.B. No. 3415

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain health professionals;

providing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter E, Chapter 101,

Occupations Code, is amended to read as follows:

SUBCHAPTER E.
CERTAIN PRACTICES RELATED TO ADVERTISING AND BILLING

PROHIBITED
[
GROUNDS FOR LICENSE REVOCATION OR DENIAL
]

SECTION 2. Section 101.201, Occupations Code, is amended by

amending Subsection (b) and adding Subsections (c) and (d) to read

as follows:

(b) False, misleading, or deceptive advertising or

advertising not readily subject to verification includes

advertising that:

(1) makes a material misrepresentation of fact or

omits a fact necessary to make the statement as a whole not

materially misleading;

(2) makes a representation likely to create an

unjustified expectation about the results of a health care service

or procedure;

(3) compares a health care professional's services

with another health care professional's services unless the

comparison can be factually substantiated;

(4) contains a testimonial;

(5) causes confusion or misunderstanding as to the

credentials, education, or licensing of a health care professional
,

including using a title, a term, or other words that misstate,

falsely describe, falsely hold out, or falsely detail the health

care professional's:

(A) professional skills;

(B) training;

(C) expertise;

(D) educational degree;

(E) specialty certification; or

(F) licensure
;

(6) represents that health care insurance deductibles

or copayments may be waived or are not applicable to health care

services to be provided if the deductibles or copayments are

required;

(7) represents that the benefits of a health benefit

plan will be accepted as full payment when deductibles or

copayments are required;

(8) makes a representation that is designed to take

advantage of the fears or emotions of a particularly susceptible

type of patient; or

(9) represents in the use of a professional name a

title or professional identification that is
associated with

another profession and the health care professional is not licensed

or otherwise authorized to practice that profession
[
expressly or

commonly reserved to or used by another profession or

professional
].

(c)

For purposes of this section, advertising that includes

the name of the health care professional but does not include the

professional identification required by Section 104.003 is

considered false, misleading, deceptive, or not readily subject to

verification.

(d) In this section, "advertising" includes:

(1)

any printed, electronic, or oral statement, with

respect to the provision of health care services by a health care

professional:

(A)

that is communicated or disseminated to the

public;

(B) that:

(i)

is intended to encourage a person to use

the professional's services; or

(ii)

for a commercial purpose, names the

professional in connection with the practice, profession, or

institution in which the professional provides health care

services; and

(C)

the preparation, communication, or

dissemination of which is controlled by the professional or a group

to which the professional is affiliated; and

(2)

any communication or statement not described by

Subdivision (1) but that is used in the regular course of the

professional's business for the purpose of promoting the

professional's services to the public, including:

(A) business cards;

(B) letterhead;

(C) signs;

(D) pamphlets;

(E) brochures;

(F)

e-mails and any other communication or

statement transmitted through the Internet; or

(G)

audio or video communications, including

television or radio advertisements.

SECTION 3. Section 104.003, Occupations Code, is amended by

amending Subsections (b) and (c) and adding Subsections (h) and (i)

to read as follows:

(b) A person who is licensed by the Texas
Medical
[
State
]

Board [
of Medical Examiners
] and holds a doctor of medicine degree

shall use:

(1) physician or surgeon, M.D.;

(2) doctor, M.D.; [
or
]

(3) doctor of medicine, M.D
.; or

(4)

a designation indicating that the person is

certified or eligible for certification, as applicable, by a

certifying board of the American Board of Medical Specialties or a

successor organization
.

(c) A person who is licensed by the Texas
Medical
[
State
]

Board [
of Medical Examiners
] and holds a doctor of osteopathy

degree shall use:

(1) physician or surgeon, D.O.;

(2) osteopathic physician or surgeon;

(3) doctor, D.O.;

(4) doctor of osteopathy;

(5) doctor of osteopathic medicine;

(6) osteopath; [
or
]

(7) D.O
.; or

(8)

a designation indicating that the person is

certified or eligible for certification, as applicable, by a

certifying board of the American Osteopathic Association or a

successor organization
.

(h)

Unless another provision of this title specifies

another designation, the person shall use only the following

designations for each healing art the person is licensed to

practice:

(1)

"midwife," "physician assistant,"

"acupuncturist," or "surgical assistant," as applicable, if the

person holds a license under Subtitle C;

(2)

"dental hygienist," if the person holds a license

to practice dental hygiene issued under Chapter 256;

(3)

"licensed vocational nurse," "registered nurse,"

"advanced practice registered nurse," "nurse midwife," "certified

registered nurse anesthetist," "nurse practitioner,"

or "clinical

nurse specialist," as applicable, if the person holds a license

under Subtitle E;

(4)

"speech-language pathologist," "audiologist,"

"hearing instrument fitter and dispenser," "licensed dyslexia

practitioner," or "licensed dyslexia therapist," as applicable, if

the person holds a license under Subtitle G;

(5)

"athletic trainer," "physical therapist,"

"occupational therapist," or "massage therapist," as applicable,

if the person holds a license under Subtitle H;

(6)

"psychologist," "psychological associate,"

"marriage and family therapist," "marriage and family therapist

associate," "licensed professional counselor," "LPC,"

"licensed

professional counselor-associate,"

"licensed professional

counselor-supervisor,"

"LPC-S,"

"licensed professional

counselor-art therapist,"

"LPC-AT,"

"chemical dependency

counselor," "social worker," "licensed behavior analyst," or

"assistant licensed behavior analyst," as applicable, if the person

holds a license under Subtitle I;

(7)

"medical radiologic technologist," "medical

physicist," "perfusionist," "respiratory care practitioner,"

"orthotist," or "prosthetist," as applicable, if the person holds a

license or certificate, as appropriate, under Subtitle K; and

(8)

"dietitian," if the person holds a license under

Chapter 701.

(i)

This section does not prohibit a person from using, to

identify the person, a practice specialty designation the person

has been granted by the appropriate licensing board.

SECTION 4. Chapter 104, Occupations Code, is amended by

adding Section 104.0033 to read as follows:

Sec.

104.0033.

FALSE AND DECEPTIVE ADVERTISING. A healing

art practitioner may not use advertising that is false, misleading,

deceptive, or not readily subject to verification as provided by

Section 101.201.

SECTION 5. Section 104.005(a), Occupations Code, is amended

to read as follows:

(a) On the request of a healing art licensing board
that

issues a license, certificate, or other authorization described by

[
listed in
] Section 104.003, the district or county attorney shall

file and prosecute appropriate judicial proceedings in the name of

the state against a person who violates Section 104.003.

SECTION 6. Chapter 104, Occupations Code, is amended by

adding Section 104.008 to read as follows:

Sec.

104.008.

ADMINISTRATIVE PENALTY. (a)

A healing art

licensing board that issues a license, certificate, or other

authorization described by Section 104.003 may impose an

administrative penalty on a person who:

(1)

holds a license, certificate, or other

authorization issued by the healing art licensing board; and

(2) violates this chapter.

(b)

The amount of an administrative penalty may not exceed

$1,000 for each violation. Each day a violation continues or occurs

is a separate violation for purposes of imposing a penalty.

(c)

A proceeding to impose an administrative penalty under

this section is subject to Chapter 2001, Government Code.

SECTION 7. Section 165.156, Occupations Code, is amended to

read as follows:

Sec. 165.156. MISREPRESENTATION REGARDING ENTITLEMENT TO

PRACTICE MEDICINE. A person, partnership, trust, association, or

corporation commits an offense if the person, partnership, trust,

association, or corporation, through the use of any
title,

abbreviation, description of services, designation,
letters,

words, or terms
, alone or in combination with any other title,

affixed on stationery or on advertisements, or in any other manner,

including oral or written communications,
indicates
or induces

another to believe
that the person, partnership, trust,

association, or corporation is entitled to practice medicine if the

person, partnership, trust, association, or corporation is not

licensed to do so.

SECTION 8. Subchapter D, Chapter 165, Occupations Code, is

amended by adding Section 165.1565 to read as follows:

Sec.

165.1565.

USE OF TITLE. (a)

In this section, "medical

or medical specialty title" means:

(1) "doctor of medicine" or "M.D.";

(2) "doctor of osteopathy" or "D.O.";

(3) "physician";

(4) "surgeon";

(5) "osteopathic physician";

(6) "osteopathic surgeon";

(7) "doctor";

(8) "allergist";

(9) "anesthesiologist";

(10) "cardiologist";

(11) "dermatologist";

(12) "endocrinologist";

(13) "gastroenterologist";

(14) "general practitioner";

(15) "gynecologist";

(16) "hematologist";

(17) "immunologist";

(18) "intensivist";

(19) "internist";

(20) "laryngologist";

(21) "neonatologist";

(22) "nephrologist";

(23) "neurologist";

(24) "obstetrician";

(25) "oncologist";

(26) "ophthalmologist";

(27) "orthopedic surgeon";

(28) "orthopedist";

(29) "osteopath";

(30) "otologist";

(31) "otolaryngologist";

(32) "otorhinolaryngologist";

(33) "pathologist";

(34) "pediatrician";

(35) "physiatrist";

(36) "primary care physician";

(37) "proctologist";

(38) "psychiatrist";

(39) "pulmonologist";

(40) "radiologist";

(41) "resident";

(42) "rheumatologist";

(43) "rhinologist"; or

(44) "urologist."

(b)

Except as provided by Section 104.004, a person who is

not licensed to practice medicine by the board may not:

(1)

use or publicly display a medical or medical

specialty title in connection with the person's name either alone

or in combination with another word or title; or

(2)

indicate or induce another to believe that the

person is an attending doctor or attending physician.

(c)

This section does not prohibit a chiropractor licensed

under Chapter 201 from using or publicly displaying a postdoctoral

diploma obtained by the chiropractor or using a title described in

Subsection (a) if the title clearly includes a reference to:

(1) "chiropractic"; or

(2) "chiropractor."

(d)

This section does not prohibit a person from using, to

identify the person, a practice specialty title the person has been

granted by the appropriate licensing board.

SECTION 9. Section 204.203, Occupations Code, is amended to

read as follows:

Sec. 204.203. IDENTIFICATION REQUIREMENTS. A physician

assistant shall:

(1) keep the physician assistant's license available

for inspection at the physician assistant's primary place of

business; and

(2) when engaged in the physician assistant's

professional activities, wear a name tag identifying the license

holder as a physician assistant
by title or the initials "P.A."
.

SECTION 10. Subchapter E, Chapter 204, Occupations Code, is

amended by adding Section 204.2035 to read as follows:

Sec.

204.2035.

FALSE AND DECEPTIVE ADVERTISING. A

physician assistant may not use advertising that is false,

misleading, deceptive, or not readily subject to verification as

provided by Section 101.201.

SECTION 11. Sections 301.351(a), (b), and (c), Occupations

Code, are amended to read as follows:

(a) A person who holds a license [
as a registered nurse
]

under this chapter[
:

[
(1)
] is referred to as
:

(1)
a registered nurse
or
[
; and

[
(2) may use the abbreviation
] "R.N."
;

(2) a licensed vocational nurse or "L.V.N.";

(3)

an advanced practice registered nurse or

"A.P.R.N.";

(4) a nurse practitioner or "N.P.";

(5) a nurse midwife;

(6)

a certified registered nurse anesthetist or

"C.R.N.A."; or

(7) a clinical nurse specialist or "C.N.S.".

(b)
Except as provided by Section 104.004, a
[
A
] person who

holds a license [
as a vocational nurse
] under this chapter
may not

use the title "doctor" unless the person also holds a license issued

by the Texas Medical Board under Subtitle B, as provided by Section

165.1565.
[
:

[
(1)

is referred to as a licensed vocational nurse or

vocational nurse; and

[
(2) may use the abbreviation "L.V.N." or "V.N."
]

(c) While interacting with the public in a nursing role,

each nurse shall wear a clearly legible insignia identifying the

nurse
in accordance with Subsection (a)
[
as a registered or

vocational nurse
]. The insignia may not contain information other

than:

(1) the
appropriate
[
registered or vocational nurse
]

designation;

(2) the nurse's name, certifications, academic

degrees, or practice position;

(3) the name of the employing facility or agency, or

other employer;

(4) a picture of the nurse; or

(5) any other information authorized by the board.

SECTION 12. Subchapter H, Chapter 301, Occupations Code, is

amended by adding Section 301.3515 to read as follows:

Sec.

301.3515.

FALSE AND DECEPTIVE ADVERTISING. A nurse

may not use advertising that is false, misleading, deceptive, or

not readily subject to verification as provided by Section 101.201.

SECTION 13. The changes in law made by this Act apply only

to conduct that occurs on or after the effective date of this Act.

Conduct that occurs before that date is governed by the law in

effect on the date the conduct occurred, and the former law is

continued in effect for that purpose.

SECTION 14. This Act takes effect September 1, 2025.