I 
109TH CONGRESS 
2D SESSION 
H. R. 5688 
To prohibit misleading and deceptive advertising or representation in the 
provision of health care services. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2006 
Mr. SULLIVAN (for himself, Mr. GENE GREEN of Texas, Mr. BASS, Mr. 
SCHWARZ of Michigan, Mr. BURGESS, Mr. BILIRAKIS, and Mr. SES-
SIONS) 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. 
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 2006’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the truthful exchange of information be-
tween patients and their health care providers is key 
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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; 
(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, doctors of osteopathic medicine, 
doctors of dental surgery, or doctors of dental medi-
cine holding themselves out as such; and 
(5) providers of health care services who are 
not medical doctors, doctors of osteopathic medicine, 
or dentists 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, doctor of osteopathic 
medicine, doctor of dental surgery, or doctor of dental 
medicine to make any deceptive or misleading statement, 
or engage in any deceptive or misleading act, that deceives 
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or misleads the public or a prospective or current patient 
that such person is a medical doctor, doctor of osteopathic 
medicine, doctor of dental surgery, or doctor of dental 
medicine or has the same or equivalent education, skills, 
or training. Such deceptive or misleading statements or 
acts shall include advertising in any medium, making false 
statements regarding the education, skills, training, or li-
censure of such person, or in any other way describing 
such person’s profession, skills, training, experience, edu-
cation, or licensure in a fashion that causes the public, 
a potential patient, or current patient to believe that such 
person is a medical doctor, doctor of osteopathic medicine, 
doctor of dental surgery, or doctor of dental medicine. 
(b) ENFORCEMENT.—A violation of subsection (a) 
shall be treated as an unfair or deceptive act or practice 
prescribed under section 5 of the Federal Trade Commis-
sion Act (15 U.S.C. 45). The Federal Trade Commission 
shall enforce this Act in the same manner, by the same 
means, and with the same jurisdiction as though all appli-
cable terms and provisions of the Federal Trade Commis-
sion Act were incorporated into and made a part of this 
Act. 
SEC. 4. INVESTIGATION. 
As soon as practicable after the date of enactment 
of this Act, the Federal Trade Commission shall conduct 
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an investigation of health care providers engaging in the 
conduct prohibited by 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; and 
(4) identify instances where any State public 
policy has permitted such acts and practices. 
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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