Effects of the "Truth in Healthcare Marketing Act of 2013" 1 year later

[greenlion]

Sponsored by House Republication Buchson (R-Indiana), a former surgeon himself, the law (HR 1427) was signed into federal law back in April 2013. (link: https://beta.congress.gov/bill/113th-congress/house-bill/1427/text)

It was campaigned for and against by many doctor associations along with nurse anesthesia and nurse practitioner associations. But the doctors happened to win this one.

But the misrepresentation is fairly vague:
(a) Conduct Prohibited- It shall be unlawful for any person to make any deceptive or misleading statement, or engage in any deceptive or misleading act, that--

• (1) misrepresents whether such person holds a State health care license; or

• (2) misrepresents such person's education, training, degree, license, or clinical expertise

Has anyone ever seen it brought up? Someone complained about SRNAs identifying themselves as residents to patients. This would easily violate this law (I would think?) since residents=MD/DO graduate (misrepresenting education). On the other hand, a DNP calling her/himself a "Dr" to patients might be able to skirt the issue.

(Enforcement is through the FCC and likely weak unless someone is putting up billboards along the highway misrepresenting him/herself. But sometimes just having a law to point to is enough.)

A much stronger law that expressly forbade non-medical doctors from identifying themselves as a doctor in a clinical setting was being considered in the Florida legislature (SB 612) "Health Care Practitioners" but this had a HUGE turnout from AANA memebrs with legislators being flooded with calls.

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[deleted126335]

Sponsored by House Republication Buchson (R-Indiana), a former surgeon himself, the law (HR 1427) was signed into federal law back in April 2013. (link: https://beta.congress.gov/bill/113th-congress/house-bill/1427/text)

It was campaigned for and against by many doctor associations along with nurse anesthesia and nurse practitioner associations. But the doctors happened to win this one.

But the misrepresentation is fairly vague:
(a) Conduct Prohibited- It shall be unlawful for any person to make any deceptive or misleading statement, or engage in any deceptive or misleading act, that--

• (1) misrepresents whether such person holds a State health care license; or

• (2) misrepresents such person's education, training, degree, license, or clinical expertise

Has anyone ever seen it brought up? Someone complained about SRNAs identifying themselves as residents to patients. This would easily violate this law (I would think?) since residents=MD/DO graduate (misrepresenting education). On the other hand, a DNP calling her/himself a "Dr" to patients might be able to skirt the issue.

(Enforcement is through the FCC and likely weak unless someone is putting up billboards along the highway misrepresenting him/herself. But sometimes just having a law to point to is enough.)

A much stronger law that expressly forbade non-medical doctors from identifying themselves as a doctor in a clinical setting was being considered in the Florida legislature (SB 612) "Health Care Practitioners" but this had a HUGE turnout from AANA memebrs with legislators being flooded with calls.

I can't find where it actually became law.

 

[greenlion]

My mistake! I took it as passed from a blog post. Turns out it didn't. I guess that's why such things continue.