HB 4340

relating to warnings in certain advertisements for, and information
and reporting concerning, medical procedures or treatments
conducted in a foreign country.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act may be cited as the Laura Avila Act.
SECTION 2.  Subtitle A, Title 16, Business & Commerce Code,
is amended by adding Chapter 722 to read as follows:
CHAPTER 722.  CERTAIN ADVERTISEMENTS FOR MEDICAL TOURISM
Sec. 722.001.  DEFINITIONS.  In this chapter:
(1)  "Paid advertisement" means a communication that
promotes a good or service and is published or disseminated by a
social media platform in exchange for consideration.  The term does
(2)  "Social media platform" and "user" have the
meanings assigned by Section 120.001.
Sec. 722.002.  APPLICABILITY OF CHAPTER.  This chapter
applies only with respect to a user who resides in this state.
Sec. 722.003.  WARNING ON CERTAIN MEDICAL TOURISM
ADVERTISEMENTS REQUIRED.  A social media platform shall include a
warning to users of the platform in connection with any paid
advertisement promoting the purchase of a medical procedure or
treatment that would be conducted in a foreign country.  The warning
must be conspicuous and contain the following language:
YOU ARE VIEWING AN ADVERTISEMENT FOR A MEDICAL PROCEDURE OR
TREATMENT CONDUCTED OUTSIDE THE UNITED STATES.  PROCEDURES
CONDUCTED OUTSIDE THE UNITED STATES ARE NOT REQUIRED TO FOLLOW THE
ESTABLISHED SAFETY STANDARDS REQUIRED OF THIS STATE OR THE UNITED
STATES.  HEALTH CARE PROVIDERS IN FOREIGN COUNTRIES ARE NOT
REGULATED OR CERTIFIED BY THIS STATE OR THE UNITED STATES.  IF
COMPLICATIONS ARISE, YOU MAY EXPERIENCE DIFFICULTY IN OBTAINING
FOLLOW-UP CARE FROM HEALTH CARE PROVIDERS IN THIS STATE OR THE
UNITED STATES.  PROCEED WITH CAUTION IF YOU OR SOMEONE YOU KNOW HAS
EXPERIENCED SERIOUS HEALTH COMPLICATIONS FOLLOWING A MEDICAL
PROCEDURE OR TREATMENT OUTSIDE THE UNITED STATES.  YOU MAY REPORT
THE INCIDENT TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES
(DSHS).  NOTE: REPORTING IS FOR INFORMATIONAL AND PUBLIC AWARENESS
PURPOSES ONLY AND DOES NOT CONSTITUTE A FORMAL COMPLAINT.
Sec. 722.004.  DECEPTIVE TRADE PRACTICE.  A violation of
Section 722.003 is a deceptive trade practice under Subchapter E,
Chapter 17, and is actionable under that subchapter.
SECTION 3.  Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 179 to read as follows:
CHAPTER 179. MEDICAL TOURISM AWARENESS AND REPORTING
Sec. 179.001.  MEDICAL TOURISM WEB PAGE.  (a)  The
department, in collaboration with the commission, shall post on a
publicly available web page on the department's Internet website
information on the risks associated with undergoing a medical
procedure or treatment outside the United States. The information
(1)  describe the potential health risks associated
with undergoing a medical procedure or treatment outside the United
States, including the challenges posed by communicating in a
foreign language that could lead to misunderstandings about a
(2)  contain the following statements:
(A)  health care providers outside the United
States are not regulated or certified under the laws of this or
another state or under federal law; and
(B)  some foreign countries have less stringent
regulations for health care providers that may result in unsafe
practices and substandard care;
(3)  provide guidance on overcoming the challenges of
obtaining follow-up care in this state for complications arising
from a medical procedure or treatment performed outside the United
(4)  include resources for individuals seeking more
information or assistance regarding medical tourism; and
(5)  include other information the executive
commissioner considers appropriate.
(b)  The department shall post the information in a manner
that is easily accessible and readily understandable and regularly
Sec. 179.002.  MEDICAL TOURISM INCIDENT REPORTING DATABASE.
(a) The department, in collaboration with the commission, shall
establish and maintain a medical tourism incident reporting
database to collect and disseminate information on adverse
incidents experienced by residents of this state who have undergone
a medical procedure or treatment outside the United States.
(1)  allow the voluntary reporting of an adverse
(A)  the type of procedure or treatment resulting
(B)  the municipality, country, and clinic or
other facility where the procedure was performed or treatment was
(C)  the nature of the complications arising from
(2)  ensure all data in the database is de-identified;
(3)  provide aggregated data and statistics to inform
the public about common risks and trends associated with medical
(4)  include a disclaimer stating that reporting an
adverse incident to the database is for informational and public
awareness purposes only and does not constitute a formal complaint.
(c)  The department shall promote awareness of the database
and encourage reporting through public outreach and education
SECTION 4.  Not later than December 1, 2025, the Department
of State Health Services shall establish the medical tourism web
page required by Section 179.001, Health and Safety Code, as added
by this Act, and the medical tourism incident reporting database
required by Section 179.002, Health and Safety Code, as added by
SECTION 5.  Not later than December 1, 2026, the Department
of State Health Services shall submit a report to the members of the
legislature and the Legislative Budget Board on the development of
the medical tourism incident reporting database required by Section
179.002, Health and Safety Code, as added by this Act.
SECTION 6.  This Act takes effect September 1, 2025.