Healthcare Truth and Transparency Act of 2010 - Prohibits any person from making any deceptive or misleading statement, or engaging in any deceptive or misleading act, that: (1) misrepresents whether such person holds a state health care license; or (2) misrepresents such person's education, training, degree, license, or clinical expertise.
Requires any person who is advertising health care services provided by such person to disclose the applicable license under which such person is authorized to provide those services.
Deems a violation of this Act to be an unfair or deceptive act or practice under the Federal Trade Commission Act.
Directs the Federal Trade Commission (FTC) to study and report to Congress on health care professionals' misrepresentations under this Act.
Declares that nothing in this Act shall be construed or have the effect of changing state scope of practice for any health care professional.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5295 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5295
To ensure that patients receive accurate health care information by
prohibiting misleading and deceptive advertising or representation in
the provision of health care services, and to require the
identification of the license of health care professionals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2010
Mr. Sullivan (for himself, Mr. Scott of Georgia, and Mr. McDermott)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To ensure that patients receive accurate health care information by
prohibiting misleading and deceptive advertising or representation in
the provision of health care services, and to require the
identification of the license of health care professionals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare Truth and Transparency
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) many types of health care professionals including
physicians, technicians, nurses, physician assistants, and
other allied practitioners are engaged in providing services in
health care settings, and all of these individuals play an
important and distinct role in the health care delivery system;
(2) the exchange of information between patients and their
health care professionals is critical to helping patients
understand their health care choices;
(3) consumers are often unaware of the differences in, and
seek more information about, the qualifications, training, and
education of their health care professionals;
(4) evidence exists of patient confusion resulting from
ambiguous health care nomenclature and related advertisements
and marketing products; and
(5) a nationwide survey conducted in August 2008 revealed
the depth of confusion regarding the education, skills, and
training of health care professionals and indicated strong
support for regulating the advertising and marketing claims of
health care professionals.
SEC. 3. HEALTH CARE SERVICE PROFESSIONAL UNFAIR AND DECEPTIVE ACTS AND
PRACTICES.
(a) Conduct Prohibited.--It shall be unlawful for any person to
make any deceptive or misleading statement, or engage in any deceptive
or misleading act, that--
(1) misrepresents whether such person holds a State health
care license; or
(2) misrepresents such person's education, training,
degree, license, or clinical expertise.
(b) Requirement To Identify License in Advertising.--Any person who
is advertising health care services provided by such person, shall
disclose in such advertisement the applicable license under which such
person is authorized to provide such services.
(c) Enforcement.--A violation of subsection (a) or (b) shall be
treated as an unfair or deceptive act or practice prescribed under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45). The
Federal Trade Commission shall enforce this Act in the same manner, by
the same means, and with the same jurisdiction as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act.
SEC. 4. TRUTH IN ADVERTISING STUDY.
(a) Study.--As soon as practicable after the date of enactment of
this Act, the Federal Trade Commission shall conduct a study of health
care professionals subject to the requirement of section 3(a) to--
(1) identify specific acts and practices constituting a
violation of such section;
(2) determine the frequency of such acts and practices;
(3) identify instances of harm or injury resulting from
such acts and practices;
(4) determine the extent to which such persons comply with
State laws or regulations that--
(A) require oral or written disclosure, to the
patient or in an advertisement, of the type of license
such person holds; and
(B) set forth requirements for advertisements for
health care services with regard to disclosure of the
type of license under which such person is authorized
to provide such services; and
(5) identify instances where any State public policy has
permitted acts and practices which violate section 3(a).
(b) Report.--The Federal Trade Commission shall report its findings
to Congress not later than 1 year after the date of the enactment of
this Act.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed or have the effect of
changing State scope of practice for any health care professional.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this Act, there are authorized to
be appropriated to the Federal Trade Commission such sums as may be
necessary for each of fiscal years 2011 through 2015.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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