[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.
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