I 116TH CONGRESS 2D SESSION H. R. 6663 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, to require the identification of the license of health care professionals, and for other purposes. 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 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, to require the identification of the license of health care professionals, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Truth in Healthcare 4 Marketing Act of 2020’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 VerDate Sep 11 2014 00:21 May 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6663.IH H6663 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6663 IH (1) many types of health care professionals in- 1 cluding physicians, technicians, nurses, physician as- 2 sistants, and other allied practitioners are engaged 3 in providing services in health care settings, and all 4 of these individuals play an important and distinct 5 role in the health care delivery system; 6 (2) the exchange of information between pa- 7 tients and their health care professionals is critical 8 to helping patients understand their health care 9 choices; 10 (3) consumers are often unaware of the dif- 11 ferences in, and seek more information about, the 12 qualifications, training, and education of their health 13 care professionals; 14 (4) evidence exists of patient confusion result- 15 ing from ambiguous health care nomenclature and 16 related advertisements and marketing products; and 17 (5) nationwide surveys conducted in 2008 and 18 2010 revealed the depth of confusion regarding the 19 education, skills, and training of health care profes- 20 sionals and indicated strong support for increasing 21 clarity in the advertising and marketing claims of 22 health care professionals. 23 VerDate Sep 11 2014 00:21 May 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6663.IH H6663 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6663 IH SEC. 3. HEALTH CARE SERVICE PROFESSIONAL UNFAIR 1 AND DECEPTIVE ACTS AND PRACTICES. 2 (a) CONDUCT PROHIBITED.—It shall be unlawful for 3 any person to make any deceptive or misleading state- 4 ment, or engage in any deceptive or misleading act, that— 5 (1) misrepresents whether such person holds a 6 State health care license; or 7 (2) misrepresents such person’s education, 8 training, degree, license, or clinical expertise. 9 (b) REQUIREMENT TO IDENTIFY LICENSE IN AD- 10 VERTISING.—Any person who is advertising health care 11 services provided by such person, shall disclose in such ad- 12 vertisement the applicable license under which such person 13 is authorized to provide such services. 14 (c) ENFORCEMENT.—A violation of subsection (a) or 15 (b) shall be treated as an unfair or deceptive act or prac- 16 tice prescribed under section 5 of the Federal Trade Com- 17 mission Act (15 U.S.C. 45). The Federal Trade Commis- 18 sion shall enforce this Act in the same manner, by the 19 same means, and with the same jurisdiction as though all 20 applicable terms and provisions of the Federal Trade 21 Commission Act were incorporated into and made a part 22 of this Act. 23 (d) NONPREEMPTION.—This section does not pre- 24 empt any State or local law relating to the subject matter 25 VerDate Sep 11 2014 00:21 May 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6663.IH H6663 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6663 IH of this section so long as such law does not prevent the 1 implementation of this section. 2 SEC. 4. TRUTH IN ADVERTISING STUDY. 3 (a) STUDY.—As soon as practicable after the date of 4 enactment of this Act, the Federal Trade Commission 5 shall conduct a study of health care professionals subject 6 to the requirement of section 3(a) to— 7 (1) identify specific acts and practices consti- 8 tuting a violation of such section; 9 (2) determine the frequency of such acts and 10 practices; 11 (3) identify instances of harm or injury result- 12 ing from such acts and practices; 13 (4) determine the extent to which such persons 14 comply with State laws or regulations that— 15 (A) require oral or written disclosure, to 16 the patient or in an advertisement, of the type 17 of license such person holds; and 18 (B) set forth requirements for advertise- 19 ments for health care services with regard to 20 disclosure of the type of license under which 21 such person is authorized to provide such serv- 22 ices; and 23 VerDate Sep 11 2014 00:21 May 06, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6663.IH H6663 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6663 IH (5) identify instances where any State public 1 policy has permitted acts and practices which violate 2 section 3(a). 3 (b) REPORT.—The Federal Trade Commission shall 4 report its findings to Congress not later than 1 year after 5 the date of the enactment of this Act. 6 SEC. 5. RULE OF CONSTRUCTION. 7 Nothing in this Act shall be construed or have the 8 effect of changing State scope of practice for any health 9 care professional. 10 Æ VerDate Sep 11 2014 00:21 May 06, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H6663.IH H6663 pamtmann on DSKBC07HB2PROD with BILLS