(a) A person commits an offense if:
(1) the person, in a manner otherwise permitted under Section 102.001, accepts remuneration, a benefit, or a commission 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, a benefit, or a commission for securing or soliciting the patient.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(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.