SB2181 - Relating to the regulation of certain health professionals; providing an administrative penalty.

  89R2240 CMO-F     By: Hagenbuch S.B. No. 2181       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain health professionals;   providing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter E, Chapter 101,   Occupations Code, is amended to read as follows:   SUBCHAPTER E. CERTAIN PRACTICES RELATED TO ADVERTISING AND BILLING   PROHIBITED [ GROUNDS FOR LICENSE REVOCATION OR DENIAL ]          SECTION 2.  Section 101.201, Occupations Code, is amended by   amending Subsection (b) and adding Subsections (c) and (d) to read   as follows:          (b)  False, misleading, or deceptive advertising or   advertising not readily subject to verification includes   advertising that:                (1)  makes a material misrepresentation of fact or   omits a fact necessary to make the statement as a whole not   materially misleading;                (2)  makes a representation likely to create an   unjustified expectation about the results of a health care service   or procedure;                (3)  compares a health care professional's services   with another health care professional's services unless the   comparison can be factually substantiated;                (4)  contains a testimonial;                (5)  causes confusion or misunderstanding as to the   credentials, education, or licensing of a health care professional ,   including using a title, a term, or other words that misstate,   falsely describe, falsely hold out, or falsely detail the health   care professional's:                       (A)  professional skills;                       (B)  training;                       (C)  expertise;                       (D)  educational degree;                       (E)  specialty certification; or                       (F)  licensure ;                (6)  represents that health care insurance deductibles   or copayments may be waived or are not applicable to health care   services to be provided if the deductibles or copayments are   required;                (7)  represents that the benefits of a health benefit   plan will be accepted as full payment when deductibles or   copayments are required;                (8)  makes a representation that is designed to take   advantage of the fears or emotions of a particularly susceptible   type of patient; or                (9)  represents in the use of a professional name a   title or professional identification that is associated with   another profession and the health care professional is not licensed   or otherwise authorized to practice that profession  [ expressly or   commonly reserved to or used by another profession or   professional ].           (c)     For purposes of this section, advertising that does not   include the name of the health care professional and the   professional identification required by Section 104.003 is   considered false, misleading, deceptive, or not readily subject to   verification.           (d)  In this section, "advertising" includes:                 (1)     any printed, electronic, or oral statement, with   respect to the provision of health care services by a health care   professional:                       (A)     that is communicated or disseminated to the   public;                       (B)  that:                             (i)     is intended to encourage a person to use   the professional's services; or                             (ii)     for a commercial purpose, names the   professional in connection with the practice, profession, or   institution in which the professional provides health care   services; and                       (C)     the preparation, communication, or   dissemination of which is controlled by the professional or a group   to which the professional is affiliated; and                 (2)     any communication or statement not described by   Subdivision (1) but that is used in the regular course of the   professional's business for the purpose of promoting the   professional's services to the public, including:                       (A)  business cards;                       (B)  letterhead;                       (C)  signs;                       (D)  pamphlets;                       (E)  brochures;                       (F)     e-mails and any other communication or   statement transmitted through the Internet; or                       (G)     audio or video communications, including   television or radio advertisements.          SECTION 3.  Section 104.003, Occupations Code, is amended by   amending Subsections (b) and (c) and adding Subsection (h) to read   as follows:          (b)  A person who is licensed by the Texas Medical [ State ]   Board [ of Medical Examiners ] and holds a doctor of medicine degree   shall use:                (1)  physician or surgeon, M.D.;                (2)  doctor, M.D.; [ or ]                (3)  doctor of medicine, M.D .; or                 (4)     a designation indicating that the person is   certified or eligible for certification, as applicable, by a   certifying board of the American Board of Medical Specialties or a   successor organization .          (c)  A person who is licensed by the Texas Medical [ State ]   Board [ of Medical Examiners ] and holds a doctor of osteopathy   degree shall use:                (1)  physician or surgeon, D.O.;                (2)  osteopathic physician or surgeon;                (3)  doctor, D.O.;                (4)  doctor of osteopathy;                (5)  doctor of osteopathic medicine;                (6)  osteopath; [ or ]                (7)  D.O .; or                 (8)     a designation indicating that the person is   certified or eligible for certification, as applicable, by a   certifying board of the American Osteopathic Association or a   successor organization .           (h)     Unless another provision of this title specifies   another designation, the person shall use only the following   designations for each healing art the person is licensed to   practice:                 (1)     "midwife," "physician assistant,"   "acupuncturist," or "surgical assistant," as applicable, if the   person holds a license under Subtitle C;                 (2)     "dental hygienist," if the person holds a license   to practice dental hygiene issued under Chapter 256;                 (3)     "licensed vocational nurse," "registered nurse,"   "advanced practice registered nurse," "nurse midwife," "certified   registered nurse anesthetist," "nurse practitioner,"   or "clinical   nurse specialist," as applicable, if the person holds a license   under Subtitle E;                 (4)     "speech-language pathologist," "audiologist,"   "hearing instrument fitter and dispenser," "licensed dyslexia   practitioner," or "licensed dyslexia therapist," as applicable, if   the person holds a license under Subtitle G;                 (5)     "athletic trainer," "physical therapist,"   "occupational therapist," or "massage therapist," as applicable,   if the person holds a license under Subtitle H;                 (6)     "psychologist," "psychological associate,"   "marriage and family therapist," "marriage and family therapist   associate," "professional counselor," "licensed counselor,"   "chemical dependency counselor," "social worker," "behavioral   analyst," or "assistant behavioral analyst," as applicable, if the   person holds a license under Subtitle I;                 (7)     "medical radiologic technologist," "medical   physicist," "perfusionist," "respiratory care practitioner,"   "orthotist," or "prosthetist," as applicable, if the person holds a   license or certificate, as appropriate, under Subtitle K; and                 (8)     "dietitian," if the person holds a license under   Chapter 701.          SECTION 4.  Chapter 104, Occupations Code, is amended by   adding Sections 104.0033 and 104.0037 to read as follows:           Sec.   104.0033.     FALSE AND DECEPTIVE ADVERTISING. A healing   art practitioner may not use advertising that is false, misleading,   deceptive, or not readily subject to verification as provided by   Section 101.201.             Sec.   104.0037.     CERTAIN NAMES OF HEALTH EDUCATION PROGRAMS   PROHIBITED.   A person who provides a postgraduate health education   program for a healing art that is regulated under this title may not   use the term "residency"   or "fellowship"   in the name of the program,   unless the program is intended for physicians, dentists,   podiatrists, or pharmacists.          SECTION 5.  Section 104.005(a), Occupations Code, is amended   to read as follows:          (a)  On the request of a healing art licensing board that   issues a license, certificate, or other authorization described by     [ listed in ] Section 104.003, the district or county attorney shall   file and prosecute appropriate judicial proceedings in the name of   the state against a person who violates Section 104.003.          SECTION 6.  Chapter 104, Occupations Code, is amended by   adding Section 1 [Text truncated for display. 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