SB 293

This bill would require a health care practitioner to include accurate information regarding his or her licensure in advertising

This bill would also require a health care practitioner to communicate information pertaining to his or her licensure to patients in various ways

Relating to health care; to require a health care practitioner to include accurate information regarding his or her licensure in advertising; and to require a health care practitioner to communicate information pertaining to his or her licensure to patients in various ways.

Section 1

The Legislature finds and declares the following: (1) There is a compelling state interest in patients being promptly and clearly informed of the training and qualifications of the health care practitioners who provide health care services. (2) There is a compelling state interest in protecting the public from potentially misleading and deceptive health care advertising that might cause patients to have undue expectation regarding treatment and outcomes and that might burden patients with bills for unnecessary care.

Section 2

For purposes of this act, the following terms shall have the following meanings: (1) ADVERTISEMENT. Any communication or statement, whether printed, electronic, or oral, that names the health care practitioner in relation to his or her practice, profession, or institution in which the individual is employed, volunteers, or otherwise provides health care services. This term includes business cards, letterhead, patient brochures, e-mail, Internet, audio, video, and any other communication or statement used in the course of business. (2) DECEPTIVE or MISLEADING. Includes, but is not limited to, any advertisement or affirmative communication or representation that misstates, falsely describes, or falsely details the health care practitioner's profession, skills, training, expertise, education, board certification, or licensure. (3) HEALTH CARE PRACTITIONER. Any person who holds an active license or registration issued by this state to provide health care services to patients in this state. The term does not include a health care practitioner who practices in a non-patient care setting or who does not have any direct patient care interactions. (4) HEALTH CARE SERVICES. Medical or health related services typically offered by a practitioner under a license, certificate, or registration issued by a board, department, agency, or other subdivision of this state, related to the recognition, diagnosis, treatment, therapy, resolution, or maintenance of a mental or physical human condition, ailment, illness, or problem.

Section 3

(a) An advertisement for health care services that names a health care practitioner must identify the type of license held by the practitioner. The advertisement shall be free from any and all deceptive or misleading information. (b) A health care practitioner providing health care services in this state must conspicuously post and affirmatively communicate the practitioner's specific licensure to current and prospective patients. A health care practitioner shall do one of the following: (1) Wear an identification name tag or embroidered lab coat, medical scrubs, or similar clothing, during all patient encounters that includes both the practitioner's name and the type of license held by the practitioner. The name tag shall be of sufficient size and be worn in a conspicuous manner. In the case of an embroidered lab coat, medical scrubs, or similar clothing, the lettering and font used shall be of sufficient size so as to be visible and apparent and conspicuously located on the garment. An identifier shall not be required in any mental health setting where it would impede the psychotherapeutic relationship, in an operating room or other setting where surgical or other invasive procedures are performed, or in any other setting where maintaining a sterile environment is medically necessary. (2) Display, within the reception area of the health care practice or facility and on the website of the health care practice or facility, a notice that clearly lists the name of each health care practitioner employed in the practice or facility and the type of license held by each individual. The notice shall be visible and apparent to all current and prospective patients, along with a statement alerting any patient of the right to inquire as to the type of license of the health care practitioner treating the patient. The notice shall be a minimum of 93 square inches with characters at least one inch in size. (c) Any health care practitioner who currently wears an identification badge as required by his or her health care practice or facility shall not be required to immediately replace that badge.

Section 4

Each board, department, agency, or other political subdivision of this state issuing a primary license, certificate, or registration to a health care practitioner to practice in a profession or trade in this state shall adopt rules for the implementation and enforcement of this act and shall include within the rules a schedule of penalties for violations of this act.

Section 5

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.