PRINTER'S NO. 1713
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1282
Session of
2015
INTRODUCED BY CUTLER, BAKER, COHEN, GREINER, EVERETT, HARKINS,
MURT, GABLER, GINGRICH, FEE, SCHLOSSBERG, QUINN, LAWRENCE,
SAYLOR, R. BROWN, GODSHALL, FABRIZIO, STURLA, KAUFFMAN,
READSHAW, ADOLPH, MOUL, McCARTER, COX AND McNEILL,
JUNE 5, 2015
REFERRED TO COMMITTEE ON HEALTH, JUNE 5, 2015
AN ACT
Providing for advertising and notice by health care
professionals and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Health Care
Professional Transparency Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advertisement." A printed, electronic or oral communication
or statement that names a health care practitioner in relation
to his or her practice, profession or institution in which the
individual is employed, volunteers or provides health care
services. The term includes business cards, letterhead, patient
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brochures, e-mail, Internet, audio and video and any other
communication or statement used in the course of business.
"Deceptive" or "misleading." An advertisement or affirmative
communication or representation that misstates, falsely
describes, holds out or falsely details the health care
practitioner's profession, skills, training, expertise,
education, board certification or licensure.
"Health care practitioner." An individual who is authorized
to practice some component of the healing arts by a license,
permit, certificate or registration issued by a Commonwealth
licensing agency or board. The term does not include a person
who is working in a nonpatient care setting and who does not
have direct patient care interaction.
Section 3. Requirements.
(a) Identification.--In an advertisement for a health care
service, the advertisement must:
(1) Identify the type of license, certification,
registration or permit held by the individual who will
perform the health care service.
(2) Be free from deceptive or misleading information.
(a.1) Certification.--A medical doctor or doctor of
osteopathic medicine may not hold himself or herself out to the
public in a manner as being certified by a public or private
board, including a multidisciplinary board or as being board
certified unless all of the following are satisfied:
(1) The advertising states the full name of the
certifying board and the name of the specialty or
subspecialty.
(2) The board:
(i) is a member board of the American Board of
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Medical Specialties or the American Osteopathic
Association; or
(ii) requires all of the following:
(A) Successful completion of a postgraduate
training program approved by the Accreditation
Council for Graduate Medical Education (ACGME) or the
American Osteopathic Association that provides
complete training in the specialty or subspecialty
certified.
(B) Prerequisite certification by the American
Board of Medical Specialties or the American
Osteopathic Association for the training field.
(C) Successful completion of examination in the
specialty or subspecialty certified.
(b) Notice.--A health care practitioner must conspicuously
post and affirmatively communicate the health care
practitioner's specific licensure as follows:
(1) A health care practitioner must comply with the
requirements of section 809.2 of the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities Act.
(2) A health care practitioner shall display in his or
her office a writing that clearly identifies the type of
license held by the health care practitioner. The writing
must be of sufficient size so as to be visible and apparent
to all current and prospective patients.
(c) Practice setting.--A health care practitioner who
practices in more than one office shall be required to comply
with subsection (b) in each office.
Section 4. Violations and enforcement.
(a) Violations.--The following shall constitute a violation
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of this act:
(1) Knowingly aiding, assisting, procuring, employing or
advising an unlicensed person or entity to practice or engage
in acts contrary to the health care practitioner's degree of
licensure, certification, registration or permit.
(2) Delegating or contracting for the performance of
health care services by a health care practitioner if the
individual delegating or contracting for performance knows,
or has reason to know, the person does not have the required
authority pursuant to statute or the person's licensure.
(b) Separate offense.--Each day of continuing violation
shall be considered a separate offense.
(c) Unprofessional conduct.--A health care practitioner who
violates any provision of this act commits unprofessional
conduct and shall be subject to disciplinary action under the
licensure, certification, registration or permit provisions
governing the respective health care practitioner.
(d) Fees.--A fee or other amount billed to and paid by a
patient as a result of a direct violation of this act shall be
void and must be refunded by the health care practitioner, a
third party contracted to collect fees on behalf of the health
care practitioner, the health care practitioner's employer or
other entity contracting with the health care practitioner.
(e) Reporting.--The imposition of professional sanctions,
administrative fees or other disciplinary actions shall be
publicly reported in a journal of official record.
(f) Injunction.--Notwithstanding the imposition of a
penalty, a professional licensing board or other administrative
agency with jurisdiction may seek an injunction or take other
legal means against a person or entity violating this act.
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Section 5. Effective date.
This act shall take effect in 60 days.
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