I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthcare Truth and 

5 Transparency Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) the truthful exchange of information be2 tween patients and their health care providers is key 

3 to helping them understand their health care 

4 choices; 

5 (2) consumers believe that complex medical 

6 issues, surgeries, procedures, and prescribing medi7 cations should be performed by medical doctors or 

8 doctors of osteopathic medicine; 

9 (3) consumers are often unaware of the dif10 ferences in, and seek more information about, the 

11 qualifications, training, and education of their health 

12 care providers; 

13 (4) ample evidence exists of providers who are 

14 not medical doctors or doctors of osteopathic medi15 cine holding themselves out as such; and 

16 (5) providers of health care services who are 

17 not medical doctors or doctors of osteopathic medi18 cine are of vital importance to the Nation’s health 

19 care system. 

20 SEC. 3. HEALTH CARE SERVICE PROVIDER UNFAIR AND DE21 CEPTIVE ACTS AND PRACTICES. 

22 (a) CONDUCT PROHIBITED.—It shall be unlawful for 

23 any person who is a licensed health care service provider 

24 but who is not a medical doctor or doctor of osteopathic 

25 medicine to make any deceptive or misleading statement, 


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1 or engage in any deceptive or misleading act, that deceives 

2 or misleads the public or a prospective or current patient 

3 that such person is a medical doctor or doctor of osteo4 pathic medicine or has the same or equivalent education, 

5 skills, or training. Such deceptive or misleading state6 ments or acts shall include advertising in any medium, 

7 making false statements regarding the education, skills, 

8 training, or licensure of such person, or in any other way 

9 describing such person’s profession, skills, training, expe10 rience, education, or licensure in a fashion that reasonably 

11 causes the public, a potential patient, or current patient 

12 to believe that such person is a medical doctor or doctor 

13 of osteopathic medicine. 

14 (b) REQUIREMENT TO IDENTIFY LICENSE IN ADVER15 TISING.—Any person who is a licensed health care service 

16 provider but who is not a medical doctor or doctor of os17 teopathic medicine shall identify, in any advertisement in 

18 any medium for health care services provided by such per19 son, the license under which such person is authorized to 

20 provide such services. 

21 (c) ENFORCEMENT.—A violation of subsection (a) or 

22 (b) shall be treated as an unfair or deceptive act or prac23 tice prescribed under section 5 of the Federal Trade Com24 mission Act (15 U.S.C. 45). The Federal Trade Commis25 sion shall enforce this Act in the same manner, by the 


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1 same means, and with the same jurisdiction as though all 

2 applicable terms and provisions of the Federal Trade 

3 Commission Act were incorporated into and made a part 

4 of this Act. 

5 SEC. 4. TRUTH IN ADVERTISING STUDY. 

6 (a) STUDY.—As soon as practicable after the date of 

7 enactment of this Act, the Federal Trade Commission 

8 shall conduct a study of health care providers subject to 

9 the requirement of section 3(a) to— 

10 (1) identify specific acts and practices consti11 tuting a violation of such section; 

12 (2) determine the frequency of such acts and 

13 practices; 

14 (3) identify instances of harm or injury result15 ing from such acts and practices; 

16 (4) determine the extent to which such persons 

17 comply with State laws or regulations that— 

18 (A) require oral or written disclosure, to 

19 the patient or in an advertisement, of the type 

20 of license such person holds; and 

21 (B) set forth requirements for advertise22 ments for health care services with regard to 

23 disclosure of the type of license under which 

24 such person is authorized to provide such serv25 ices; and 


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1 (5) identify instances where any State public 

2 policy has permitted acts and practices which violate 

3 section 3(a). 

4 (b) REPORT.—The Federal Trade Commission shall 

5 report its findings to Congress not later than 1 year after 

6 the date of the enactment of this Act. 

Æ 


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