23 LC 33 9490S
S. B. 197 (SUB)
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The House Committee on Health offers the following substitute to SB 197:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to1
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 statutory construction; to provide for related matters; to provide for a short title;6
to repeal conflicting laws; and for 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 9490S
S. B. 197 (SUB)
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43-1-33, relating to advertisement, signage, and identifier requirements for health care15
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 Osteopathic22
Medicine; Doctor of Dental Surgery (D.D.S.); Doctor of Dental Medicine (D.M.D.);23
Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of24
Chiropractic (D.C.); registered professional nurses or advanced practice registered nurses25
(nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified26
nurse anesthetists) with doctorate degrees (D.N.P., D.N.S., Ph.D., or Ed.D.); audiologists27
with doctorate 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 9490S
S. B. 197 (SUB)
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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 9490S
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(F) Occupational therapist licensed pursuant to Chapter 28 of this title;68
(G) Optometrist licensed pursuant to Chapter 30 of this title;69
(H) Physical therapist licensed pursuant to Chapter 33 of this title;70
(I) Allopathic physician or osteopathic physician Physician or osteopath licensed71
pursuant to Chapter 34 of this title;72
(J) Physician assistant licensed pursuant to Chapter 34 of this title;73
(K) Acupuncturist licensed pursuant to Chapter 34 of this title;74
(L) Podiatrist licensed pursuant to Chapter 35 of this title;75
(M) Psychologist licensed pursuant to Chapter 39 of this title;76
(N) Audiologist or speech-language pathologist licensed pursuant to Chapter 44 of this77
title;78
(O) Pharmacist licensed pursuant to Chapter 4 of Title 26;79
(P) Ophthalmic technician;80
(Q) Medical assistant or certified nursing assistant; and81
(R) Respiratory care professional certified pursuant to Article 6 of Chapter 34 of this82
title.83
(6) 'Medical or medical specialty title' means any title that originates from or is a84
derivation of specialty or subspecialty training or certification attained by a physician85
through completion of nationally accredited medical education culminating in a Doctor86
of Medicine or Doctor of Osteopathic Medicine degree; completion of a physician87
internship, residency, or fellowship training program; or any combination thereof.88
(d)(1) An advertisement by a health care practitioner shall identify include the89
practitioner's name and disclose only the type of license under which the health care90
practitioner holds is authorized to provide services.91
(2) An advertisement by a health care practitioner shall not:92
(A) Include deceptive or misleading terms or false representations; or93 23 LC 33 9490S
S. B. 197 (SUB)
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(B) Include or reference medical or medical specialty titles, unless such health care94
practitioner is a physician licensed pursuant to Article 2 of Chapter 34 of this title.95
(2)(3) This subsection shall not apply to an advertisement by a health care practice or96
facility and shall not be construed to require any such a health care practice or facility in97
which multiple health care practitioners are employed to list in an advertisement the name98
of every health care practitioner so employed by such practice or facility.99
(d.1)(1) An advanced practice registered nurse shall verbally identify himself or herself100
as an advanced practice registered nurse during each patient interaction in a clinical101
setting. An advanced practice registered nurse who holds a doctorate degree and102
identifies himself or herself with the title 'doctor' while in a clinical setting shall clearly103
state that he or she is not a medical doctor or physician.104
(2) A physician assistant shall verbally identify himself or herself as a physician assistant105
during each patient interaction in a clinical setting. A physician assistant who holds a106
doctorate degree and identifies himself or herself with the title 'doctor' while in a clinical107
setting shall clearly state that he or she is not a medical doctor or physician.108
(3) No health care practitioner shall identify or refer to himself or herself in a clinical109
setting with:110
(A) Deceptive or misleading terms or false representations; or111
(B) Any medical or medical specialty titles, unless such health care practitioner is a112
physician licensed pursuant to Article 2 of Chapter 34 of this title.113
(e)(1) A health care practitioner providing services in this state in a health care practice114
or facility shall conspicuously post and affirmatively communicate the practitioner's115
specific licensure to all current and prospective patients as follows:116
(A)(i) The health care practitioner shall wear an identifier during all patient117
encounters that shall include:118
(I) The health care practitioner's name; and119
(II) The type of license or educational degree the health care practitioner holds.120 23 LC 33 9490S
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(ii) The identifier shall be of sufficient size and be worn in a conspicuous manner so121
as to be visible and apparent. A lab coat or similar distinguishing clothing or uniform122
indicating the practitioner's specific licensure may be considered an identifier if such123
clothing or uniform meets the requirements of division (i) of this subparagraph.124
(iii) An identifier shall not be required in an operating room or other setting where125
surgical or other invasive procedures are performed or in any other setting where126
maintaining a sterile environment is medically necessary.127
(iv) An identifier shall not be required in any mental health setting where it would128
impede the psychotherapeutic relationship.129
(v) If a safety or health risk to the health care practitioner or a patient would be130
created as a result of the practitioner wearing such identifier in a specified practice131
setting, an identifier shall not be required or may be modified by omitting or132
concealing the last name of the practitioner in accordance with the requirements of133
the health care practice or facility; and134
(B) A health care practitioner in a health care practice or facility other than a hospital135
shall display in the reception area of such practice or facility a notice that clearly136
identifies the type of health care practitioners employed in such practice or facility and137
the right of a patient to inquire as to the type of license of the health care practitioner138
treating such patient. The notice shall be of sufficient size so as to be visible and139
apparent to all current and prospective patients.140
(2) A health care practitioner who practices in more than one office shall place the141
identifier information conspicuously on such practitioner's website if he or she maintains142
a website.143
(3) A health care practitioner who practices in a nonpatient care setting and who does not144
have any direct patient care interactions shall not be subject to the provisions of this145
subsection.146 23 LC 33 9490S
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(4) A health care practice or facility which requires, as of the effective date of this Code147
section, its health care practitioners to wear an identification badge shall not be required148
to replace such badges to conform to the requirements of subparagraph (A) of149
paragraph (1) of this subsection.150
(5) Except as otherwise provided by paragraph (6) of this subsection, this subsection151
shall only apply to health care practices and facilities where more than one type of health152
care practitioner interacts with patients in exam settings. This subsection shall not apply153
to health care practices or facilities in which only one type of health care practitioner154
practices.155
(6) This subsection shall only apply to a dentist if such dentist is practicing in a hospital.156
This subsection shall only apply to a chiropractor or optometrist if such chiropractor or157
optometrist is practicing in a hospital, nursing home, assisted living community, or158
personal care home.159
(f) A health care practitioner who intentionally violates any provision of this Code section160
may be subject to disciplinary action by the health care practitioner's professional licensing161
board. Notwithstanding the imposition of any sanction, the health care practitioner's162
professional licensing board may seek an injunction or other legal means as appropriate163
against such health care practitioner violating this Code section.164
(g) A violation of this Code section shall not constitute a private cause of action.165
(h) Nothing in this Code section shall be construed to prevent a health care practitioner166
from using any title or abbreviation which is statutorily authorized for such practitioner167
pursuant to his or her respective licensing statutes."168
SECTION 3.169
All laws and parts of laws in conflict with this Act are repealed.170