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 represen-
tation in the provision of health care services, and to 
require the identification of the license of certain health 
care providers. 
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 2007’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) the truthful exchange of information be-
tween patients and their health care providers is key 
to helping them understand their health care 
choices; 
(2) consumers believe that complex medical 
issues, surgeries, procedures, and prescribing medi-
cations should be performed by medical doctors or 
doctors of osteopathic medicine; 
(3) consumers are often unaware of the dif-
ferences in, and seek more information about, the 
qualifications, training, and education of their health 
care providers; 
(4) ample evidence exists of providers who are 
not medical doctors or doctors of osteopathic medi-
cine holding themselves out as such; and 
(5) providers of health care services who are 
not medical doctors or doctors of osteopathic medi-
cine are of vital importance to the Nation’s health 
care system. 
SEC. 3. HEALTH CARE SERVICE PROVIDER UNFAIR AND DE-
CEPTIVE ACTS AND PRACTICES. 
(a) CONDUCT PROHIBITED.—It shall be unlawful for 
any person who is a licensed health care service provider 
but who is not a medical doctor or doctor of osteopathic 
medicine to make any deceptive or misleading statement, 
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or engage in any deceptive or misleading act, that deceives 
or misleads the public or a prospective or current patient 
that such person is a medical doctor or doctor of osteo-
pathic medicine or has the same or equivalent education, 
skills, or training. Such deceptive or misleading state-
ments or acts shall include advertising in any medium, 
making false statements regarding the education, skills, 
training, or licensure of such person, or in any other way 
describing such person’s profession, skills, training, expe-
rience, education, or licensure in a fashion that reasonably 
causes the public, a potential patient, or current patient 
to believe that such person is a medical doctor or doctor 
of osteopathic medicine. 
(b) REQUIREMENT TO IDENTIFY LICENSE IN ADVER-
TISING.—Any person who is a licensed health care service 
provider but who is not a medical doctor or doctor of os-
teopathic medicine shall identify, in any advertisement in 
any medium for health care services provided by such per-
son, the 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 
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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 providers 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 
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(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. 
Æ 
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