Summary:

 House Bill247 (HB247) relates to trade practices by enacting the Health Care Practitioner Transparency Act and establishes advertising guidelines and requiring health care practitioner identifiers and providing penalties 

Legislation Overview:

 House Bill247 (HB247) This Act may be cited as the "Health Care Practitioner Transparency Act". This Act requires that health practitioners follow guidelines to prevent deceptive advertising and as to their identity when providing patient care. 
A health care practitioner in a health care practice or facility other than a hospital shall display in the reception area of the practitioner's practice or facility where the health care practitioner provides service an advertisement that clearly identifies the type of health care practitioners working in the practice or facility and the right of a patient to inquire as to the type of license of the health care practitioner treating the patient.  The advertisement shall be of a sufficient size and it is visible and apparent to all current and prospective patients.
The Act prohibits that an advertisement shall not, by a health care practitioner (1) include deceptive or misleading terms or false representations; or (2) include or reference a medical title unless the health care practitioner is a physician.
An advertisement by a health care practitioner shall include the practitioner's name and, regarding the practitioner's license, disclose the type of license under which the health care practitioner is authorized to provide services.
The legislation states that : "deceptive or misleading terms or false representations" means the use of titles, terms or other words that misstate, falsely describe, falsely hold out, falsely detail or falsely imply the health care practitioner's: (1)  profession; (2)  skills; (3)  training; (4)  expertise; (5)  educational degree; (6)  board certification; (7)  licensure; (8)  work or services offered; or (9)  medical field, if the practitioner is not a physician.
Examples of health care providers include (1) chiropractic physicians, (2)  professional counselor, social worker or marriage and family therapist; (3)  dentist; (4)  dietitian; (5)  advanced practice registered nurse, including nurse practitioner, certified registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, registered professional nurse or licensed practical nurse; physician; pathologist; assistant; or .228631.2 (6)  occupational therapist; (7)  optometrist; (8)  physical therapist; (9)  allopathic physician or osteopathic (10)  physician assistant; (11)  acupuncturist; (12)  podiatric physician; (13)  psychologist; (14)  audiologist or speech-language (15)  pharmacist; (16)  ophthalmic technician; (17)  medical assistant or certified nursing assistant and a (18)  respiratory care professional.
A health care practice or facility shall conspicuously display and clearly communicate the licensure of each health care provider providing services at the practice or facility to all current and prospective patients.

The name and type of license is to be posted in a form that is easily identifiable. Such identification is not required in operating rooms and in settings that might cause discomfort , such as in a psychotherapeutic situation, a safety, or health risk. 
There are prohibitions for certain uses of the term “doctor” when related to advanced practice nurses and physician assistants.
A health care facility is not required to replace existing identification badges as of the date of the Act.
Certain Sections of this Act, shall only apply to a dentist, chiropractic physician or optometrist if the dentist, chiropractic physician or optometrist is practicing in a hospital, nursing home, assisted living community or personal care home.
Language regarding penalties shall be construed to mean: A.  create or imply a private cause of action for violation of that Act or B.  prevent a health care practitioner from using or advertising a title that is statutorily authorized for the health care practitioner pursuant to the statutes under which the health care practitioner is licensed.