Tex.
Civ. Practice & Remedies Code Section 74.451
Arbitration Agreements
(a)
No physician, professional association of physicians, or other health care provider shall request or require a patient or prospective patient to execute an agreement to arbitrate a health care liability claim unless the form of agreement delivered to the patient contains a written notice in 10-point boldface type clearly and conspicuously stating:(b)
A violation of this section by a physician or professional association of physicians constitutes a violation of Subtitle B, Title 3, Occupations Code, and shall be subject to the enforcement provisions and sanctions contained in that subtitle.(c)
A violation of this section by a health care provider other than a physician shall constitute a false, misleading, or deceptive act or practice in the conduct of trade or commerce within the meaning of Section 17.46 of the Deceptive Trade Practices-Consumer Protection Act (Subchapter E (Short Title), Chapter 17 (Deceptive Trade Practices), Business & Commerce Code), and shall be subject to an enforcement action by the consumer protection division under that act and subject to the penalties and remedies contained in Section 17.47 (Restraining Orders), Business & Commerce Code, notwithstanding Section 74.004 (Exception from Certain Laws) or any other law.(d)
Notwithstanding any other provision of this section, a person who is found to be in violation of this section for the first time shall be subject only to injunctive relief or other appropriate order requiring the person to cease and desist from such violation, and not to any other penalty or sanction.
Source:
Section 74.451 — Arbitration Agreements, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm#74.451 (accessed Apr. 20, 2024).
