I 

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. 

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 2010’’. 

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) a nationwide survey conducted in August 

19 2008 revealed the depth of confusion regarding the 

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

22 the advertising and marketing claims of health care 

23 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 SEC. 4. TRUTH IN ADVERTISING STUDY. 

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

26 enactment of this Act, the Federal Trade Commission 

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1 shall conduct a study of health care professionals subject 

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

3 (1) identify specific acts and practices consti4 tuting a violation of such section; 

5 (2) determine the frequency of such acts and 

6 practices; 

7 (3) identify instances of harm or injury result8 ing from such acts and practices; 

9 (4) determine the extent to which such persons 

10 comply with State laws or regulations that— 

11 (A) require oral or written disclosure, to 

12 the patient or in an advertisement, of the type 

13 of license such person holds; and 

14 (B) set forth requirements for advertise15 ments for health care services with regard to 

16 disclosure of the type of license under which 

17 such person is authorized to provide such serv18 ices; and 

19 (5) identify instances where any State public 

20 policy has permitted acts and practices which violate 

21 section 3(a). 

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

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

24 the date of the enactment of this Act. 

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1 SEC. 5. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed or have the 

3 effect of changing State scope of practice for any health 

4 care professional. 

5 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

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

7 authorized to be appropriated to the Federal Trade Com8 mission such sums as may be necessary for each of fiscal 

9 years 2011 through 2015. 

Æ 

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