Sec. 351.155. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The board may not adopt a rule restricting advertising or competitive bidding by a person regulated by the board except to prohibit a false, misleading, or deceptive practice.
(b) The board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or use of the person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the person;
(4) restricts the person's advertisement under a trade name;
(5) restricts a truthful statement regarding:
(A) the address or telephone number of an office maintained by the person;
(B) office hours regularly maintained by the person;
(C) languages, other than English, fluently spoken in the person's office;
(D) whether the person provides services under a specified private or public insurance plan or health care plan;
(E) publications authored by the person;
(F) a teaching position held or formerly held by the person and the dates the position was held;
(G) an affiliation with a hospital or clinic;
(H) the fact that the person regularly accepts installment payment of fees;
(I) the manufacturer, designer, style, make, trade name, brand name, color, size, or type of commodities advertised; or
(J) other factual information that is not false, fraudulent, misleading, or likely to deceive; or
(6) restricts a truthful statement that relates to public health or that encourages preventive or corrective care.
(c) Subsection (b) does not prevent the board from restricting advertising that is false, fraudulent, misleading, or likely to deceive.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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