I 
111TH CONGRESS 
2D SESSION 
H. R. 5295 
To ensure that patients receive accurate health care information by prohib-
iting misleading and deceptive advertising or representation in the provi-
sion 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) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To ensure that patients receive accurate health care informa-
tion 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 Representa-
tives 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— 
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(1) many types of health care professionals in-
cluding physicians, technicians, nurses, physician as-
sistants, 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 pa-
tients and their health care professionals is critical 
to helping patients understand their health care 
choices; 
(3) consumers are often unaware of the dif-
ferences in, and seek more information about, the 
qualifications, training, and education of their health 
care professionals; 
(4) evidence exists of patient confusion result-
ing 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 profes-
sionals and indicated strong support for regulating 
the advertising and marketing claims of health care 
professionals. 
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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 state-
ment, 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 AD-
VERTISING.—Any person who is advertising health care 
services provided by such person, shall disclose in such ad-
vertisement 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 prac-
tice prescribed under section 5 of the Federal Trade Com-
mission Act (15 U.S.C. 45). The Federal Trade Commis-
sion 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 
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shall conduct a study of health care professionals subject 
to the requirement of section 3(a) to— 
(1) identify specific acts and practices consti-
tuting a violation of such section; 
(2) determine the frequency of such acts and 
practices; 
(3) identify instances of harm or injury result-
ing 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 advertise-
ments for health care services with regard to 
disclosure of the type of license under which 
such person is authorized to provide such serv-
ices; 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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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 Com-
mission such sums as may be necessary for each of fiscal 
years 2011 through 2015. 
Æ 
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