Failure To Disclose; Offense

Sec. 102.006. FAILURE TO DISCLOSE; OFFENSE. (a) A person commits an offense if: (1) the person, in a manner otherwise permitted under Section 102.001, accepts remuneration, a benefit, or a commission to secure or solicit a patient or patronage for a person licensed, certified, or registered by a state health care regulatory agency; and (2) does not, at the time of initial contact and at the time of referral, disclose to the patient: (A) the person's affiliation, if any, with the person for whom the patient is secured or solicited; and (B) that the person will receive, directly or indirectly, remuneration, a benefit, or a commission for securing or soliciting the patient. (b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor. (c) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the person: (1) has previously been convicted of an offense under this section; or (2) was employed by a federal, state, or local government at the time of the offense. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2025, 89th Leg., R.S., Ch. 527 (H.B. 4454), Sec. 9, eff. September 1, 2025.