(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.
Acts 2025, 89th Leg., R.S., Ch. 527 (H.B. 4454), Sec. 9, eff. September 1, 2025.