Healthcare Truth and Transparency Act of 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5688 Introduced in House (IH)]

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. Sessions)
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 Representatives 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 between 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 medications should be
performed by medical doctors;
(3) consumers are often unaware of the differences 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 medicine 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 DECEPTIVE 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
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
licensure of such person, or in any other way describing such person's
profession, skills, training, experience, education, 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 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.

SEC. 4. INVESTIGATION.

As soon as practicable after the date of enactment of this Act, the
Federal Trade Commission shall conduct an investigation of health care
providers engaging in the conduct prohibited by 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; 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.
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