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Texas Civil Practice & Remedies Code - Section 74.451. Arbitration Agreements

Legal Research Home > Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 74.451. Arbitration Agreements

§ 74.451. ARBITRATION AGREEMENTS.  (a) No physician, 
professional association of physicians, or other health care 
provider shall request or require a patient or prospective patient 
to execute an agreement to arbitrate a health care liability claim 
unless the form of agreement delivered to the patient contains a 
written notice in 10-point boldface type clearly and conspicuously 
stating:

UNDER TEXAS LAW, THIS AGREEMENT IS INVALID AND OF NO LEGAL EFFECT 
UNLESS IT IS ALSO SIGNED BY AN ATTORNEY OF YOUR OWN CHOOSING. THIS 
AGREEMENT CONTAINS A WAIVER OF IMPORTANT LEGAL RIGHTS, INCLUDING 
YOUR RIGHT TO A JURY. YOU SHOULD NOT SIGN THIS AGREEMENT WITHOUT 
FIRST CONSULTING WITH AN ATTORNEY.
	(b)  A violation of this section by a physician or 
professional association of physicians constitutes a violation of 
Subtitle B, Title 3, Occupations Code, and shall be subject to the 
enforcement provisions and sanctions contained in that subtitle.
	(c)  A violation of this section by a health care provider 
other than a physician shall constitute a false, misleading, or 
deceptive act or practice in the conduct of trade or commerce within 
the meaning of Section 17.46 of the Deceptive Trade 
Practices-Consumer Protection Act (Subchapter E, Chapter 17, 
Business & Commerce Code), and shall be subject to an enforcement 
action by the consumer protection division under that act and 
subject to the penalties and remedies contained in Section 17.47, 
Business & Commerce Code, notwithstanding Section 74.004 or any 
other law.
	(d)  Notwithstanding any other provision of this section, a 
person who is found to be in violation of this section for the first 
time shall be subject only to injunctive relief or other 
appropriate order requiring the person to cease and desist from 
such violation, and not to any other penalty or sanction.

Added by Acts 2003, 78th Leg., ch. 204, § 10.01, eff. Sept. 1, 
2003.     

Last modified: August 11, 2007