Volume 25, Issue 2
the use of “physician” to an M.D. or D.O.; a registered nurse would use “registered nurse.”
Previous Federal Truth and Transparency Legislation
HR 451, introduced by former U.S. Representatives J. Sullivan (R-Oklahoma) and D. Scott (D-Georgia), and supported by the ASA, would have made it unlawful for any licensed health care provider who is not an M.D., D.O., D.D.S. or D.M.D. to make any deceptive or misleading statement in any advertising medium, or engage in an act that deceives or misleads the public or a prospective or current patient into thinking that the provider is an M.D., D.O., D.D.S. or possesses the same education, skills or training. Violations of that proposed act would be subject to charges of participating in an “unfair or deceptive act” and subject to civil penalties of up to $10,000 per violation. The proposed law also directed the FTC to conduct an investigation of all health care providers who engage in “deceptive or misleading” acts.
Current Federal Legislation
Still in Committee, H.R. 1427, The Truth in Healthcare Marketing Act of 2013, authored by L. BUCSHON (R-Indiana) and coauthored by D. SCOTT (DGeorgia), applies longstanding FTC consumer protections to the new health care marketplace. Specifically, the bill would 1) make it unlawful to misrepresent a health care provider’s licensure, education, training, degree or clinical expertise and 2) require the disclosure of the license under which the provider practices—physician, nurse, technician, etc.— in any advertisement.
We should not oppose healthcare professionals from furthering their formal education. We should continue to educate our legislators and pursue further Texas legislation that prevents any healthcare professional from trying to confuse, defraud, or deceive Texas citizens about their license, credentials, certification, training and education by active misrepresentation or passive indifference. Furthermore, in the healthcare setting, non-physician doctoral degree holders who introduce themselves as a “doctor” should be required to disclose to patients the fact that they are not a Medical Doctor or Doctor of Osteopathic Medicine.
Texans, and our Legislature, should consider bills similar to the Arizona legislation and the previously introduced Federal legislation: any healthcare professional not clearly identifying oneself by title, type of professional license held and field of practice on all advertisement, in any medium, should be considered to be acting in an unprofessional manner, and should be subject to investigation and possible civil penalties.
The amazing reality about truth and transparency is that it is liberating! Why would a professional ever want to conceal his or her education, license, and credentials, if not for ill-gotten gain? I remember hearing in Sunday school a pretty powerful saying,“ Then you shall know the truth, and the truth will set you free.”
For more information about what other states have passed in 2013 on Truth and Transparency see the following links:
ME S 265 – Maine Signed into law 6/18/2013.
NV A 456 –Nevada Signed into law on 6/1/2013.
Nurses on the offensive with the term “doctor”
RI S 197 – Introduced by Doyle (D) on 2/6/2013
