[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5688 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5688

 To prohibit misleading and deceptive advertising or representation in 
                 the provision of health care services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2006

   Mr. Sullivan (for himself, Mr. Gene Green of Texas, Mr. Bass, Mr. 
  Schwarz of Michigan, Mr. Burgess, Mr. Bilirakis, and Mr. Sessions) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit misleading and deceptive advertising or representation in 
                 the provision of health care services.

    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 2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the truthful exchange of information between patients 
        and their health care providers is key to helping them 
        understand their health care choices;
            (2) consumers believe that complex medical issues, 
        surgeries, procedures, and prescribing medications should be 
        performed by medical doctors;
            (3) consumers are often unaware of the differences in, and 
        seek more information about, the qualifications, training, and 
        education of their health care providers;
            (4) ample evidence exists of providers who are not medical 
        doctors, doctors of osteopathic medicine, doctors of dental 
        surgery, or doctors of dental medicine holding themselves out 
        as such; and
            (5) providers of health care services who are not medical 
        doctors, doctors of osteopathic medicine, or dentists are of 
        vital importance to the Nation's health care system.

SEC. 3. HEALTH CARE SERVICE PROVIDER UNFAIR AND DECEPTIVE ACTS AND 
              PRACTICES.

    (a) Conduct Prohibited.--It shall be unlawful for any person who is 
a licensed health care service provider but who is not a medical 
doctor, doctor of osteopathic medicine, doctor of dental surgery, or 
doctor of dental medicine to make any deceptive or misleading 
statement, or engage in any deceptive or misleading act, that deceives 
or misleads the public or a prospective or current patient that such 
person is a medical doctor, doctor of osteopathic medicine, doctor of 
dental surgery, or doctor of dental medicine or has the same or 
equivalent education, skills, or training. Such deceptive or misleading 
statements or acts shall include advertising in any medium, making 
false statements regarding the education, skills, training, or 
licensure of such person, or in any other way describing such person's 
profession, skills, training, experience, education, or licensure in a 
fashion that causes the public, a potential patient, or current patient 
to believe that such person is a medical doctor, doctor of osteopathic 
medicine, doctor of dental surgery, or doctor of dental medicine.
    (b) Enforcement.--A violation of subsection (a) 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. INVESTIGATION.

    As soon as practicable after the date of enactment of this Act, the 
Federal Trade Commission shall conduct an investigation of health care 
providers engaging in the conduct prohibited by 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; and
            (4) identify instances where any State public policy has 
        permitted such acts and practices.
The Federal Trade Commission shall report its findings to Congress not 
later than 1 year after the date of the enactment of this Act.
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