[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2260 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2260

 To prohibit misleading and deceptive advertising or representation in 
       the provision of health care services, and to require the 
    identification of the license of certain health care providers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2007

 Mr. Sullivan (for himself and Mr. McDermott) 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, and to require the 
    identification of the license of certain health care providers.

    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 2007''.

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 or doctors of osteopathic 
        medicine;
            (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 or doctors of osteopathic medicine holding themselves 
        out as such; and
            (5) providers of health care services who are not medical 
        doctors or doctors of osteopathic medicine 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 
or doctor of osteopathic 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 or doctor of osteopathic 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 reasonably causes the public, a potential patient, or 
current patient to believe that such person is a medical doctor or 
doctor of osteopathic medicine.
    (b) Requirement to Identify License in Advertising.--Any person who 
is a licensed health care service provider but who is not a medical 
doctor or doctor of osteopathic medicine shall identify, in any 
advertisement in any medium for health care services provided by such 
person, the 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 providers 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.
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