1Providing for advertising and notice by health care
2professionals and for penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Health Care
7Professional Transparency Act.

<-8Section 2. Purpose.

9The General Assembly finds and declares that:

10(1) There are a multitude of professional degrees using
11the term doctor, including medical doctor (M.D.), doctor of
12osteopathic medicine (D.O.), doctor of dental surgery
13(D.D.S.), doctor of podiatric medicine (D.P.M.), doctor of
14optometry (O.D.), doctor of chiropractic (D.C.) and other
15designations which may be used by health care practitioners.

16(2) A November 2010 study by the American Medical
17Association found that 31% of patients believe that a

1chiropractor is a medical doctor, 35% of patients believe
2that a doctor of nursing practice is a medical doctor, 41% of
3patients believe that a psychologist is a medical doctor, 54%
4of patients believe that an optometrist is a medical doctor
5and 68% of patients believe a podiatrist is a medical doctor.

6(3) There are widespread differences regarding the
7training and qualifications required to earn medical
8professional degrees. The differences often concern the
9training and skills necessary to correctly detect, diagnose,
10prevent and treat serious health care conditions.

11(4) There is a compelling State interest in patients
12being promptly and clearly informed of the training and
13qualifications of the health care practitioners who provide
14health care services.

15(5) There is a compelling State interest in the public
16being protected from potentially misleading and deceptive
17health care advertising that might cause patients to have
18undue expectations regarding their treatment and outcome.

19Section 3. Definitions.

<-20Section 2. Definitions.

21The following words and phrases when used in this act shall
22have the meanings given to them in this section unless the
23context clearly indicates otherwise:

24"Advertisement." A printed, electronic or oral communication
25or statement that names a health care practitioner in relation
26to his or her practice, profession or institution in which the
27individual is employed, volunteers or provides health care
28services. The term includes business cards, letterhead, patient
29brochures, e-mail, Internet, audio and video and any other
30communication or statement used in the course of business.

1"Deceptive" or "misleading." An advertisement or affirmative
2communication or representation that misstates, falsely
3describes, holds out or falsely details the health care
4practitioner's profession, skills, training, expertise,
5education, board certification or licensure.

6"Health care practitioner." An individual who is authorized
7to practice some component of the healing arts by a license,
8permit, certificate or registration issued by a Commonwealth
9licensing agency or board. The term does not include a person
10who is working in a nonpatient care setting and who does not
11have direct patient care interaction.

<-12"Licensee." A health care practitioner who holds an active
13license with the licensing board governing his or her practice
14in this Commonwealth.

15Section 4. Requirements.

16(a) Identification.--An advertisement for health care
17services that names a health care practitioner must:

18(1) Identify the type of license held by the health care
19practitioner.

<-20Section 3. Requirements.

21(a) Identification.--In an advertisement for a health care
22service, the advertisement must:

23(1) Identify the type of license, certification,
24registration or permit held by the individual who will
25perform the health care service.

26(2) Be free from deceptive or misleading information.

27(a.1) Certification.--A medical doctor or doctor of
28osteopathic medicine may not hold himself or herself out to the
29public in a manner as being certified by a public or private
30board, including a multidisciplinary board or as being board

1certified unless all of the following are satisfied:

2(1) The advertising states the full name of the
3certifying board and the name of the specialty or
4subspecialty.

5(2) The board:

6(i) is a member board of the American Board of
7Medical Specialties or the American Osteopathic
8Association; or

9(ii) requires all of the following:

10(A) Successful completion of a postgraduate
11training program approved by the Accreditation
<-12Commission Council for Graduate Medical Education
13(ACGME) or the American Osteopathic Association that
14provides complete training in the specialty or
15subspecialty certified.

16(B) Prerequisite certification by the American
17Board of Medical Specialties or the American
18Osteopathic Association for the training field
<-19certified.

20(C) Successful completion of examination in the
21specialty or subspecialty certified.

22(b) Notice.--A health care practitioner must conspicuously
23post and affirmatively communicate the health care
24practitioner's specific licensure as follows:

25(1) A health care practitioner must comply with the
26requirements of section 809.2 of the act of July 19, 1979
27(P.L.130, No.48), known as the Health Care Facilities Act.

28(2) A health care practitioner shall display in his or
29her office a writing that clearly identifies the type of
30license held by the health care practitioner. The writing

1must be of sufficient size so as to be visible and apparent
2to all current and prospective patients.

3(c) Practice setting.--A health care practitioner who
4practices in more than one office shall be required to comply
5with subsection (b) in each office.

<-6(d) Collaborative practice agreement.--A medical doctor or
7doctor of osteopathic medicine who supervises or participates in
8a collaborative practice agreement with a health care
9practitioner who is not a medical doctor or doctor of
10osteopathic medicine must conspicuously post in each office a
11schedule of the regular hours when he or she will be present in
12that office.

13Section <-5 4. Violations and enforcement.

14(a) Violations.--The following shall constitute a violation
15of this act:

16(1) Knowingly aiding, assisting, procuring, employing or
17advising an unlicensed person or entity to practice or engage
18in acts contrary to the health care practitioner's degree of
19licensure<-, certification, registration or permit.

20(2) Delegating or contracting for the performance of
21health care services by a health care practitioner if the
<-22licensee individual delegating or contracting for performance
23knows, or has reason to know, the person does not have the
24required authority pursuant to <-statute or the person's
25licensure.

26(b) Separate offense.--Each day of continuing violation
27shall be considered a separate offense.

28(c) Unprofessional conduct.--A health care practitioner who
29violates any provision of this act commits unprofessional
30conduct and shall be subject to disciplinary action under the

1licensure<-, certification, registration or permit provisions
2governing the respective health care practitioner.

3(d) Fees.--A fee or other amount billed to and paid by a
4patient as a result of a direct violation of this act shall be
5void and must be refunded by the health care practitioner, a
6third party contracted to collect fees on behalf of the health
7care practitioner, the health care practitioner's employer or
8other entity contracting with the health care practitioner.

9(e) Reporting.--The imposition of professional sanctions,
10administrative fees or other disciplinary actions shall be
11publicly reported in a journal of official record.

12(f) Injunction.--Notwithstanding the imposition of a
13penalty, a professional licensing board or other administrative
14agency with jurisdiction may seek an injunction or take other
15legal means against a person or entity violating this act.

16Section 20. Effective date.

17This act shall take effect in 60 days.