23 LC 33 9383
S. B. 197
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Senate Bill 197
By: Senators Hufstetler of the 52nd, Watson of the 1st, Butler of the 55th, Kirkpatrick of the
32nd, Kennedy of the 18th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to
1
general provisions relative to professions and businesses, so as to prohibit deceptive or2
misleading terms or false representations by health care practitioners in advertisements and3
representations; to prohibit the misappropriation of medical or medical specialty titles by4
health care practitioners in advertisements and representations; to provide for definitions; to5
provide for related matters; to provide for a short title; to repeal conflicting laws; and for6
other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "Health Care Practitioners Truth and10
Transparency Act."11
SECTION 2.12
Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general13
provisions relative to professions and businesses, is amended by revising Code Section14 23 LC 33 9383
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43-1-33, relating to advertisement, signage, and identifier requirements for health care
15
practitioners, as follows:16
"43-1-33.17
(a) This Act
Code section shall be known and may be cited as the 'Consumer Information18
and Awareness Act.'19
(b) The General Assembly hereby finds and declares that:20
(1) There are numerous professional degrees that include the term 'doctor,' such as21
Doctor of Medicine (M.D.); Doctor of Osteopathy (D.O.); Doctor of Dental22
Surgery (D.D.S.); Doctor of Dental Medicine (D.M.D.); Doctor of Podiatric23
Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of Chiropractic (D.C.);24
registered professional nurses or advanced practice registered nurses (nurse practitioners,25
clinical nurse specialists, certified nurse midwives, and certified nurse anesthetists) with26
doctorate degrees (D.N.P., D.N.S., Ph.D., or Ed.D.); audiologists with doctorate27
degrees (A.U.D.); speech-language pathologists with doctorate28
degrees (S.L.P.D. or Ph.D.); and other designations, which may be used by health care29
practitioners; and30
(2) Each health care professional receives education and training that qualifies them to31
provide general and specialized services respectively. This training is necessary to32
correctly detect, diagnose, prevent, and treat serious health conditions.33
(c) As used in this Code section, the term:34
(1) 'Advertisement' means any communication or statement, whether printed, electronic,35
or verbal, or in any way disseminated to the general public or to other health care36
practitioners, that names a health care practitioner in relation to his or her or the practice,37
profession, or institution in which the practitioner is employed, volunteers, or otherwise38
provides health care services. This term includes business cards, letterhead, patient39
brochures, e-mail, Internet, audio, and video.40 23 LC 33 9383
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(2) 'Clinical setting' means any location, whether physical or virtual, in which a person41
is evaluated, diagnosed, counseled, or treated for any disease, defect, or injury.42
(3) 'Deceptive or misleading terms or false representations' includes, but is not limited43
to, the use of titles, terms, or other words that misstate, falsely describe, falsely hold out,44
falsely detail, or falsely imply the health care practitioner's:45
(A) Profession;46
(B) Skills;47
(C) Training;48
(D) Expertise;49
(E) Educational degree;50
(F) Board certification;51
(G) Licensure;52
(H) Work or services offered; or53
(I) Medical field, if such practitioner is not a physician licensed pursuant to Article 254
of Chapter 34 of this title.55
(2)(4) 'Health care practice or facility' means a hospital, physician practice setting,56
nursing home, assisted living community, or personal care home.57
(3)(5) 'Health care practitioner' means a:58
(A) Chiropractor licensed pursuant to Chapter 9 of this title;59
(B) Professional counselor, social worker, or marriage and family therapist licensed60
pursuant to Chapter 10A of this title;61
(C) Dentist licensed pursuant to Chapter 11 of this title;62
(D) Dietitian licensed or registered pursuant to Chapter 11A of this title;63
(E) Advanced practice registered nurse, including nurse practitioner, certified64
registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, registered65
professional nurse, and licensed practical nurse, licensed or registered pursuant to66
Chapter 26 of this title;67 23 LC 33 9383
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(F) Occupational therapist licensed pursuant to Chapter 28 of this title;
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(G) Optometrist licensed pursuant to Chapter 30 of this title;69
(H) Physical therapist licensed pursuant to Chapter 33 of this title;70
(I) Physician or osteopath licensed pursuant to Chapter 34 of this title;71
(J) Physician assistant licensed pursuant to Chapter 34 of this title;72
(K) Acupuncturist licensed pursuant to Chapter 34 of this title;73
(L) Podiatrist licensed pursuant to Chapter 35 of this title;74
(M) Psychologist licensed pursuant to Chapter 39 of this title;75
(N) Audiologist or speech-language pathologist licensed pursuant to Chapter 44 of this76
title;77
(O) Pharmacist licensed pursuant to Chapter 4 of Title 26;78
(P) Ophthalmic technician;79
(Q) Medical assistant or certified nursing assistant; and80
(R) Respiratory care professional certified pursuant to Article 6 of Chapter 34 of this81
title.82
(6) 'Medical or medical specialty title' means any title that originates from or is a
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derivation of specialty or subspecialty training or certification attained by a physician84
through completion of nationally accredited medical education culminating in a Doctor85
of Medicine or Doctor of Osteopathy degree; completion of a physician internship,86
residency, or fellowship training program; or any combination thereof.87
(d)(1) An advertisement by a health care practitioner shall identify include the88
practitioner's name and disclose only the type of license under which the health care89
practitioner holds is authorized to provide services.90
(2) An advertisement by a health care practitioner shall not:91
(A) Include deceptive or misleading terms or false representations; or92
(B) Include or reference medical or medical specialty titles, unless such health care93
practitioner is a physician licensed pursuant to Article 2 of Chapter 34 of this title.94 23 LC 33 9383
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(2)(3) This subsection shall not apply to an advertisement by a health care practice or95
facility and shall not be construed to require any such a health care practice or facility in96
which multiple health care practitioners are employed to list in an advertisement the name97
of every health care practitioner so employed by such practice or facility.98
(d.1)(1) An advanced practice registered nurse shall verbally identify himself or herself99
as an advanced practice registered nurse during each patient interaction in a clinical100
setting. An advanced practice registered nurse who holds a doctorate degree and101
identifies himself or herself with the title 'doctor' while in a clinical setting shall clearly102
state that he or she is not a medical doctor or physician.103
(2) A physician assistant shall verbally identify himself or herself as a physician assistant104
during each patient interaction in a clinical setting. A physician assistant who holds a105
doctorate degree and identifies himself or herself with the title 'doctor' while in a clinical106
setting shall clearly state that he or she is not a medical doctor or physician.107
(3) No health care practitioner shall identify or refer to himself or herself in a clinical108
setting with:109
(A) Deceptive or misleading terms or false representations; or110
(B) Any medical or medical specialty titles, unless such health care practitioner is a111
physician licensed pursuant to Article 2 of Chapter 34 of this title.112
(e)(1) A health care practitioner providing services in this state in a health care practice113
or facility shall conspicuously post and affirmatively communicate the practitioner's114
specific licensure to all current and prospective patients as follows:115
(A)(i) The health care practitioner shall wear an identifier during all patient116
encounters that shall include:117
(I) The health care practitioner's name; and118
(II) The type of license or educational degree the health care practitioner holds.119
(ii) The identifier shall be of sufficient size and be worn in a conspicuous manner so120
as to be visible and apparent. A lab coat or similar distinguishing clothing or uniform121 23 LC 33 9383
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indicating the practitioner's specific licensure may be considered an identifier if such
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clothing or uniform meets the requirements of division (i) of this subparagraph.123
(iii) An identifier shall not be required in an operating room or other setting where124
surgical or other invasive procedures are performed or in any other setting where125
maintaining a sterile environment is medically necessary.126
(iv) An identifier shall not be required in any mental health setting where it would127
impede the psychotherapeutic relationship.128
(v) If a safety or health risk to the health care practitioner or a patient would be129
created as a result of the practitioner wearing such identifier in a specified practice130
setting, an identifier shall not be required or may be modified by omitting or131
concealing the last name of the practitioner in accordance with the requirements of132
the health care practice or facility; and133
(B) A health care practitioner in a health care practice or facility other than a hospital134
shall display in the reception area of such practice or facility a notice that clearly135
identifies the type of health care practitioners employed in such practice or facility and136
the right of a patient to inquire as to the type of license of the health care practitioner137
treating such patient. The notice shall be of sufficient size so as to be visible and138
apparent to all current and prospective patients.139
(2) A health care practitioner who practices in more than one office shall place the140
identifier information conspicuously on such practitioner's website if he or she maintains141
a website.142
(3) A health care practitioner who practices in a nonpatient care setting and who does not143
have any direct patient care interactions shall not be subject to the provisions of this144
subsection.145
(4) A health care practice or facility which requires, as of the effective date of this Code146
section, its health care practitioners to wear an identification badge shall not be required147 23 LC 33 9383
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to replace such badges to conform to the requirements of subparagraph (A) of
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paragraph (1) of this subsection.149
(5) Except as otherwise provided by paragraph (6) of this subsection, this subsection150
shall only apply to health care practices and facilities where more than one type of health151
care practitioner interacts with patients in exam settings. This subsection shall not apply152
to health care practices or facilities in which only one type of health care practitioner153
practices.154
(6) This subsection shall only apply to a dentist if such dentist is practicing in a hospital.155
This subsection shall only apply to a chiropractor or optometrist if such chiropractor or156
optometrist is practicing in a hospital, nursing home, assisted living community, or157
personal care home.158
(f) A health care practitioner who intentionally violates any provision of this Code section159
may be subject to disciplinary action by the health care practitioner's professional licensing160
board. Notwithstanding the imposition of any sanction, the health care practitioner's161
professional licensing board may seek an injunction or other legal means as appropriate162
against such health care practitioner violating this Code section.163
(g) A violation of this Code section shall not constitute a private cause of action."164
SECTION 3.165
All laws and parts of laws in conflict with this Act are repealed.166