Texas Occupations Code 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.
Terms Used In Texas Occupations Code 351.155
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) Subsection (b) does not prevent the board from restricting advertising that is false, fraudulent, misleading, or likely to deceive.