Legal Opinion

Opinion No.

Texas Attorney General Reports

Decided February 20, 2001Published

1Opinion of the Court

Office of the Attorney General — State of Texas John Cornyn The Honorable Florence Shapiro Chair, State Affairs Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711

Re: Whether the Texas State Board of Medical Examiners is authorized to adopt rules that prohibit all physician advertising containing testimonials (RQ-0265-JC)

Dear Senator Shapiro:

Section 101.201 of the Occupations Code prohibits health profession advertising that is false, misleading, deceptive, or not readily subject to verification and includes within this prohibited category any advertising containing a testimonial.…

2Cases cited21 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  3. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  4. Zauderer v. Office of Disciplinary Counsel of the Supreme Court of OhioSupreme Court of the United States · 1985
  5. New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988

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