Amends TCA Title 16; Title 23 and Title 47, Chapter 18.

This bill prohibits any person that advertises legal services or identifies potential clients for attorneys or law firms from doing any of the following in a legal advertisement:<br /> <br /> (1) Fail to disclose that the advertisement is a paid advertisement for legal services;<br /> (2) Present a legal advertisement as a "medical alert," "health alert," "consumer alert," "public service announcement," or other similar language;<br /> (3) Display the logo of a federal or state government agency in a manner that suggests an affiliation with or the sponsorship by that agency;<br /> (4) Use the word "recall" to refer to a product that has not been recalled by a government agency or through an agreement between a manufacturer and government agency;<br /> (5) Fail to identify the person responsible for the advertisement; or<br /> (6) Fail to identify the attorney or law firm that will represent clients, or to disclose that cases may be referred to another attorney or law firm to represent clients if the advertisement's sponsor does not represent persons responding to the legal advertisement.<br /> <br /> This bill prohibits the use of a legal advertisement to solicit clients who may allege an injury from a prescription drug or medical device approved, cleared, or the subject of a drug monograph authorized by the United States food and drug administration unless the legal advertisement also includes the information required in this bill. A legal advertisement soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a drug monograph authorized by the United States food and drug administration must:<br /> <br /> (1) Include the following warning: "Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death."; and<br /> (2) Disclose that the drug or medical device remains approved by the United States food and drug administration, unless the product has been recalled by a government agency or through an agreement between a manufacturer and government agency.<br /> <br /> This bill makes it a Class A misdemeanor, punishable by a fine of $1,000 and imprisonment for up to 11 months and 29 days for a person to willfully and knowingly use, cause to be used, obtain, sell, transfer, or disclose protected health information to another person for the purpose of soliciting an individual for legal services without written authorization from the individual who is the subject of the information. This bill makes it a Class C felony offense punishable by a fine of up to $250,000 and imprisonment for not less than three years nor more than 10 years, for a person to willfully and knowingly use, cause to be used, obtain, sell, transfer, or disclose protected health information to another person for the purpose of soliciting an individual for legal services without written authorization from the individual who is the subject of the information with the intent to use, cause to be used, obtain, sell, transfer, or disclose protected health information for the purpose of financial gain. This bill specifies that the two criminal offenses described in this paragraph do not apply 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.<br /> <br /> Any violation of this bill will constitute an unfair or deceptive act or practice affecting trade or commerce and will be subject to the penalties and remedies provided in the Tennessee Consumer Protection Act of 1977. Generally, a violation of the Act is a Class B misdemeanor and a person harmed by a violation may recover damages, including treble damages for an intentional violation.<br /> <br /> This bill specifies that it does not affect the authority of the Tennessee Supreme Court to regulate the practice of law, enforce the Rules of Professional Conduct, or discipline persons admitted to the bar.<br /> <br /> ON MARCH 21, 2019, THE HOUSE SUBSTITUTED SENATE BILL 352 FOR HOUSE BILL 352, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 352, AS AMENDED.<br /> <br /> AMENDMENT #1 specifies that this bill does not create or imply liability on behalf of a broadcaster who holds a license for over-the-air terrestrial broadcasting from the federal communication commission, or against a cable operator.<br /> <br />