,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #adbg  ,,in ,,the ,,house ,,of  
,,representatives  ,april #i1 #bjac ,mr4
 ,bucshon 7for himself and ,mr4 ,david  
,scott of ,georgia7 introduced the      
following bill2 which was referred to   
the ,committee on ,energy and ,commerce 
,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 services1 and  
to require the identification of the    
license of health care professionals4   
#a4 ,short title ,this ,act may be cited
 as the ,truth in ,healthcare ,marketing
 ,act of #bjac4  #b4 ,findings ,congress
 finds that--  7#a7 many types of health
 care professionals including           
physicians1 technicians1 nurses1        
physician assistants1 and other allied  
practitioners are engaged in providing  
services in health care settings1 and   
all of these individuals play an        
important and distinct role in the      

health care delivery system2  7#b7 the  
exchange of information between patients
 and their health care professionals is 
critical to helping patients understand 
their health care choices2  7#c7        
consumers are often unaware of the      
differences in1 and seek more           
information about1 the qualifications1  
training1 and education of their health 
care professionals2  7#d7 evidence      
exists of patient confusion resulting   
from ambiguous health care nomenclature 
and related advertisements and marketing
 products2 and  7#e7 nationwide surveys 
conducted in #bjjh and #bjaj revealed   
the depth of confusion regarding the    
education1 skills1 and training of      
health care professionals and indicated 
strong support for increasing clarity in
 the advertising and marketing claims of
 health care professionals4  #c4 ,health
 care service professional unfair and   
deceptive acts and practices  7a7       
,conduct prohibited ,it shall be        
unlawful for any person to make any     

deceptive or misleading statement1 or   
engage in any deceptive or misleading   
act1 that--  7#a7 misrepresents whether 
such person holds a ,state health care  
license2 or  7#b7 misrepresents such    
person's education1 training1 degree1   
license1 or clinical expertise4  7b7    
,requirement ,to identify license in    
advertising ,any person who is          
advertising health care services        
provided by such person1 shall disclose 
in such advertisement the applicable    
license under which such person is      
authorized to provide such services4    
7c7 ,enforcement ,a violation of        
subsection 7a7 or 7b7 shall be treated  
as an unfair or deceptive act or        
practice prescribed under section #e of 
the ,federal ,trade ,commission ,act    
7#ae ,u4,s4,c4 #de74 ,the ,federal      
,trade ,commission shall enforce this   
,act in the same manner1 by the same    
means1 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 ,act4  7d7      
,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 section4  #d4   
,truth in advertising study  7a7 ,study 
,as soon as practicable after the date  
of enactment of this ,act1 the ,federal 
,trade ,commission shall conduct a study
 of health care professionals subject to
 the requirement of section #c7;a7 to-- 
7#a7 identify specific acts and         
practices constituting a violation of   
such section2  7#b7 determine the       
frequency of such acts and practices2   
7#c7 identify instances of harm or      
injury resulting from such acts and     
practices2  7#d7 determine the extent to
 which such persons comply with ,state  
laws or regulations that--  7,a7 require
 oral or written disclosure1 to the     
patient or in an advertisement1 of the  
type of license such person holds2 and  

7,b7 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 services2 and
  7#e7 identify instances where any     
,state public policy has permitted acts 
and practices which violate section     
#c7;a74  7b7 ,report ,the ,federal      
,trade ,commission shall report its     
findings to ,congress not later than #a 
year after the date of the enactment of 
this ,act4  #e4 ,rule of construction   
,nothing in this ,act shall be construed
 or have the effect of changing ,state  
scope of practice for any health care   
professional4  #f4 ,authorization of    
appropriations ,for the purpose of      
carrying out this ,act1 there are       
authorized to be appropriated to the    
,federal ,trade ,commission such sums as
 may be necessary for each of fiscal    
years #bjad through #bjah4