Advertising for Legal Services

Advertising for Legal Services – S.B. 150

| January 23, 2023

Creates law related to legal advertising and the use of

Creates law related to legal advertising and the use of protected health information to solicit individuals for legal services. If the advertisement is for a lawsuit soliciting clients who may allege an injury from a FDA-approved prescription drug or medical device or from a medical device substantially equivalent to an approved medical device, requires disclosure that the drug or medical device remains approved by the FDA, unless the product has been recalled or withdrawn. Creates a statutory section stating a person may not use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization protected health information for the purpose of soliciting an individual for legal services. Specifies that nothing in this section applies to the use or disclosure of protected health information to an individual’s legal representative, in the course of any judicial or administrative proceeding, or as otherwise permitted or required by law. Attorneys and law firms are exempted from the provisions of the bill; the legislation only applies to lead generators.