Texas Occupations Code 102.006 – Failure to Disclose; Offense
Current as of: 2024 | Check for updates
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(a) A person commits an offense if:
(1) the person, in a manner otherwise permitted under Section 102.001, accepts remuneration 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 for securing or soliciting the patient.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Occupations Code 102.006
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.