I 

113TH CONGRESS 

1ST SESSION H. R. 1427 

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 

APRIL 9, 2013 

Mr. BUCSHON (for himself and Mr. DAVID SCOTT of Georgia) 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. 

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 ‘‘Truth in Healthcare 

5 Marketing Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) many types of health care professionals in2 cluding physicians, technicians, nurses, physician as3 sistants, and other allied practitioners are engaged 

4 in providing services in health care settings, and all 

5 of these individuals play an important and distinct 

6 role in the health care delivery system; 

7 (2) the exchange of information between pa8 tients and their health care professionals is critical 

9 to helping patients understand their health care 

10 choices; 

11 (3) consumers are often unaware of the dif12 ferences in, and seek more information about, the 

13 qualifications, training, and education of their health 

14 care professionals; 

15 (4) evidence exists of patient confusion result16 ing from ambiguous health care nomenclature and 

17 related advertisements and marketing products; and 

18 (5) nationwide surveys conducted in 2008 and 

19 2010 revealed the depth of confusion regarding the 

20 education, skills, and training of health care profes21 sionals and indicated strong support for increasing 

22 clarity in the advertising and marketing claims of 

23 health care professionals. 


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1 SEC. 3. HEALTH CARE SERVICE PROFESSIONAL UNFAIR 

2 AND DECEPTIVE ACTS AND PRACTICES. 

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

4 any person to make any deceptive or misleading state5 ment, or engage in any deceptive or misleading act, that— 

6 (1) misrepresents whether such person holds a 

7 State health care license; or 

8 (2) misrepresents such person’s education, 

9 training, degree, license, or clinical expertise. 

10 (b) REQUIREMENT TO IDENTIFY LICENSE IN AD11 VERTISING.—Any person who is advertising health care 

12 services provided by such person, shall disclose in such ad13 vertisement the applicable license under which such person 

14 is authorized to provide such services. 

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

16 (b) shall be treated as an unfair or deceptive act or prac17 tice prescribed under section 5 of the Federal Trade Com18 mission Act (15 U.S.C. 45). The Federal Trade Commis19 sion shall enforce this Act in the same manner, by the 

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

21 applicable terms and provisions of the Federal Trade 

22 Commission Act were incorporated into and made a part 

23 of this Act. 

24 (d) NONPREEMPTION.—This section does not pre25 empt any State or local law relating to the subject matter 


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1 of this section so long as such law does not prevent the 

2 implementation of this section. 

3 SEC. 4. TRUTH IN ADVERTISING STUDY. 

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

5 enactment of this Act, the Federal Trade Commission 

6 shall conduct a study of health care professionals subject 

7 to the requirement of section 3(a) to— 

8 (1) identify specific acts and practices consti9 tuting a violation of such section; 

10 (2) determine the frequency of such acts and 

11 practices; 

12 (3) identify instances of harm or injury result13 ing from such acts and practices; 

14 (4) determine the extent to which such persons 

15 comply with State laws or regulations that— 

16 (A) require oral or written disclosure, to 

17 the patient or in an advertisement, of the type 

18 of license such person holds; and 

19 (B) set forth requirements for advertise20 ments for health care services with regard to 

21 disclosure of the type of license under which 

22 such person is authorized to provide such serv23 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. 

7 SEC. 5. RULE OF CONSTRUCTION. 

8 Nothing in this Act shall be construed or have the 

9 effect of changing State scope of practice for any health 

10 care professional. 

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

12 For the purpose of carrying out this Act, there are 

13 authorized to be appropriated to the Federal Trade Com14 mission such sums as may be necessary for each of fiscal 

15 years 2014 through 2018. 

Æ 


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