Bill Summary
This proposed bill, titled the "Truth in Healthcare Marketing Act of 2020," aims to protect patients from false or misleading information in healthcare advertising and ensure they receive accurate and transparent information from healthcare professionals. The bill would prohibit any person from making deceptive or misleading statements about their healthcare license or education, and would require them to disclose their license in any advertising for healthcare services. The Federal Trade Commission would be responsible for enforcing the bill and conducting a study to identify violations and instances of harm or injury caused by deceptive practices. The bill also clarifies that it does not override any state laws or regulations related to healthcare, but simply serves to enhance transparency and prevent deceptive practices in the industry.
Possible Impacts
1. Individuals seeking healthcare services may be more informed and aware of the qualifications and expertise of healthcare professionals, potentially leading to better healthcare decisions.
2. Healthcare professionals may face stricter regulations and penalties for misleading advertising, requiring them to be more transparent and accurate in their marketing efforts.
3. The study conducted by the Federal Trade Commission may uncover instances of harm or injury caused by deceptive or misleading advertising, potentially leading to legal action against those responsible.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6663 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6663
To ensure that patients receive accurate health care information by
prohibiting misleading and deceptive advertising or representation in
the provision of health care services, to require the identification of
the license of health care professionals, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 1, 2020
Mr. Bucshon (for himself and Mr. David Scott of Georgia) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
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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, to require the identification of
the license of health care professionals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Healthcare Marketing Act of
2020''.
SEC. 2. FINDINGS.
Congress finds that--
(1) many types of health care professionals including
physicians, technicians, nurses, physician assistants, 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 patients and their
health care professionals is critical to helping patients
understand their health care choices;
(3) consumers are often unaware of the differences in, and
seek more information about, the qualifications, training, and
education of their health care professionals;
(4) evidence exists of patient confusion resulting from
ambiguous health care nomenclature and related advertisements
and marketing products; and
(5) nationwide surveys conducted in 2008 and 2010 revealed
the depth of confusion regarding the education, skills, and
training of health care professionals and indicated strong
support for increasing clarity in the advertising and marketing
claims of health care professionals.
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 statement, 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 Advertising.--Any person who
is advertising health care services provided by such person, shall
disclose in such advertisement 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 practice prescribed under
section 5 of the Federal Trade Commission 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 applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act.
(d) Nonpreemption.--This section does not preempt any State or
local law relating to the subject matter of this section so long as
such law does not prevent the implementation of this section.
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 professionals subject to the requirement of section 3(a) to--
(1) identify specific acts and practices constituting a
violation of such section;
(2) determine the frequency of such acts and practices;
(3) identify instances of harm or injury resulting 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 advertisements for
health care services with regard to disclosure of the
type of license under which such person is authorized
to provide such services; 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.
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.
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