Georgia 2023-2024 Regular Session

Georgia Senate Bill SB197 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~SB 197/AP~~
2		-	S. B. 197
	1	+	23 LC 33 9490S
	2	+	S. B. 197 (SUB)
3	3		- 1 -
4		-	Senate Bill 197
5		-	By: Senators Hufstetler of the 52nd, Watson of the 1st, Butler of the 55th, Kirkpatrick of the
6		-	32nd, Kennedy of the 18th and others
7		-	AS PASSED
	4	+	The House Committee on Health offers the following substitute to SB 197:
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to
11		-	1
	7	+	To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to1
12	8		general provisions relative to professions and businesses, so as to prohibit deceptive or2
13	9		misleading terms or false representations by health care practitioners in advertisements and3
14	10		representations; to prohibit the misappropriation of medical or medical specialty titles by4
15	11		health care practitioners in advertisements and representations; to provide for definitions; to5
16	12		provide for statutory construction; to provide for related matters; to provide for a short title;6
17	13		to repeal conflicting laws; and for other purposes.7
18	14		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
19	15		SECTION 1.9
20	16		This Act shall be known and may be cited as the "Health Care Practitioners Truth and10
21	17		Transparency Act."11
22	18		SECTION 2.12
23	19		Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general13
24		-	provisions relative to professions and businesses, is amended by revising Code Section14 23 ~~SB 197/AP~~
25		-	S. B. 197
	20	+	provisions relative to professions and businesses, is amended by revising Code Section14 23 LC 33 9490S
	21	+	S. B. 197 (SUB)
26	22		- 2 -
27		-	43-1-33, relating to advertisement, signage, and identifier requirements for health care
28		-	15
	23	+	43-1-33, relating to advertisement, signage, and identifier requirements for health care15
29	24		practitioners, as follows:16
30	25		"43-1-33.17
31		-	(a) This Act
32		-	Code section shall be known and may be cited as the 'Consumer Information18
	26	+	(a) This Act Code section shall be known and may be cited as the 'Consumer Information18
33	27		and Awareness Act.'19
34	28		(b) The General Assembly hereby finds and declares that:20
35	29		(1) There are numerous professional degrees that include the term 'doctor,' such as21
36	30		Doctor of Medicine (M.D.); Doctor of Osteopathy (D.O.); Doctor of Osteopathic22
37	31		Medicine; Doctor of Dental Surgery (D.D.S.); Doctor of Dental Medicine (D.M.D.);23
38	32		Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of24
39	33		Chiropractic (D.C.); registered professional nurses or advanced practice registered nurses25
40	34		(nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified26
41	35		nurse anesthetists) with doctorate degrees (D.N.P., D.N.S., Ph.D., or Ed.D.); audiologists27
42	36		with doctorate degrees (A.U.D.); speech-language pathologists with doctorate28
43	37		degrees (S.L.P.D. or Ph.D.); and other designations, which may be used by health care29
44	38		practitioners; and30
45	39		(2) Each health care professional receives education and training that qualifies them to31
46	40		provide general and specialized services respectively. This training is necessary to32
47	41		correctly detect, diagnose, prevent, and treat serious health conditions.33
48	42		(c) As used in this Code section, the term:34
49	43		(1) 'Advertisement' means any communication or statement, whether printed, electronic,35
50	44		or verbal, or in any way disseminated to the general public or to other health care36
51	45		practitioners, that names a health care practitioner in relation to his or her or the practice,37
52	46		profession, or institution in which the practitioner is employed, volunteers, or otherwise38
53	47		provides health care services. This term includes business cards, letterhead, patient39
54		-	brochures, e-mail, Internet, audio, and video.40 23 ~~SB 197/AP~~
55		-	S. B. 197
	48	+	brochures, e-mail, Internet, audio, and video.40 23 LC 33 9490S
	49	+	S. B. 197 (SUB)
56	50		- 3 -
57	51		(2) 'Clinical setting' means any location, whether physical or virtual, in which a person41
58	52		is evaluated, diagnosed, counseled, or treated for any disease, defect, or injury.42
59	53		(3) 'Deceptive or misleading terms or false representations' includes, but is not limited43
60	54		to, the use of titles, terms, or other words that misstate, falsely describe, falsely hold out,44
61	55		falsely detail, or falsely imply the health care practitioner's:45
62	56		(A) Profession;46
63	57		(B) Skills;47
64	58		(C) Training;48
65	59		(D) Expertise;49
66	60		(E) Educational degree;50
67	61		(F) Board certification;51
68	62		(G) Licensure;52
69	63		(H) Work or services offered; or53
70	64		(I) Medical field, if such practitioner is not a physician licensed pursuant to Article 254
71	65		of Chapter 34 of this title.55
72	66		(2)(4) 'Health care practice or facility' means a hospital, physician practice setting,56
73	67		nursing home, assisted living community, or personal care home.57
74	68		(3)(5) 'Health care practitioner' means a:58
75	69		(A) Chiropractor licensed pursuant to Chapter 9 of this title;59
76	70		(B) Professional counselor, social worker, or marriage and family therapist licensed60
77	71		pursuant to Chapter 10A of this title;61
78	72		(C) Dentist licensed pursuant to Chapter 11 of this title;62
79	73		(D) Dietitian licensed or registered pursuant to Chapter 11A of this title;63
80	74		(E) Advanced practice registered nurse, including nurse practitioner, certified64
81	75		registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, registered65
82	76		professional nurse, and licensed practical nurse, licensed or registered pursuant to66
83		-	Chapter 26 of this title;67 23 ~~SB 197/AP~~
84		-	S. B. 197
	77	+	Chapter 26 of this title;67 23 LC 33 9490S
	78	+	S. B. 197 (SUB)
85	79		- 4 -
86		-	(F) Occupational therapist licensed pursuant to Chapter 28 of this title;
87		-	68
	80	+	(F) Occupational therapist licensed pursuant to Chapter 28 of this title;68
88	81		(G) Optometrist licensed pursuant to Chapter 30 of this title;69
89	82		(H) Physical therapist licensed pursuant to Chapter 33 of this title;70
90		-	(I) Allopathic physician or osteopathic physician
91		-	Physician or osteopath licensed71
	83	+	(I) Allopathic physician or osteopathic physician Physician or osteopath licensed71
92	84		pursuant to Chapter 34 of this title;72
93	85		(J) Physician assistant licensed pursuant to Chapter 34 of this title;73
94	86		(K) Acupuncturist licensed pursuant to Chapter 34 of this title;74
95	87		(L) Podiatrist licensed pursuant to Chapter 35 of this title;75
96	88		(M) Psychologist licensed pursuant to Chapter 39 of this title;76
97	89		(N) Audiologist or speech-language pathologist licensed pursuant to Chapter 44 of this77
98	90		title;78
99	91		(O) Pharmacist licensed pursuant to Chapter 4 of Title 26;79
100	92		(P) Ophthalmic technician;80
101	93		(Q) Medical assistant or certified nursing assistant; and81
102	94		(R) Respiratory care professional certified pursuant to Article 6 of Chapter 34 of this82
103	95		title.83
104	96		(6) 'Medical or medical specialty title' means any title that originates from or is a84
105	97		derivation of specialty or subspecialty training or certification attained by a physician85
106	98		through completion of nationally accredited medical education culminating in a Doctor86
107	99		of Medicine or Doctor of Osteopathic Medicine degree; completion of a physician87
108	100		internship, residency, or fellowship training program; or any combination thereof.88
109	101		(d)(1) An advertisement by a health care practitioner shall identify include the89
110	102		practitioner's name and disclose only the type of license under which the health care90
111	103		practitioner holds is authorized to provide services.91
112	104		(2) An advertisement by a health care practitioner shall not:92
113		-	(A) Include deceptive or misleading terms or false representations; or93 23 ~~SB 197/AP~~
114		-	S. B. 197
	105	+	(A) Include deceptive or misleading terms or false representations; or93 23 LC 33 9490S
	106	+	S. B. 197 (SUB)
115	107		- 5 -
116	108		(B) Include or reference medical or medical specialty titles, unless such health care94
117	109		practitioner is a physician licensed pursuant to Article 2 of Chapter 34 of this title.95
118	110		(2)(3) This subsection shall not apply to an advertisement by a health care practice or96
119	111		facility and shall not be construed to require any such a health care practice or facility in97
120	112		which multiple health care practitioners are employed to list in an advertisement the name98
121	113		of every health care practitioner so employed by such practice or facility.99
122	114		(d.1)(1) An advanced practice registered nurse shall verbally identify himself or herself100
123	115		as an advanced practice registered nurse during each patient interaction in a clinical101
124	116		setting. An advanced practice registered nurse who holds a doctorate degree and102
125	117		identifies himself or herself with the title 'doctor' while in a clinical setting shall clearly103
126	118		state that he or she is not a medical doctor or physician.104
127	119		(2) A physician assistant shall verbally identify himself or herself as a physician assistant105
128	120		during each patient interaction in a clinical setting. A physician assistant who holds a106
129	121		doctorate degree and identifies himself or herself with the title 'doctor' while in a clinical107
130	122		setting shall clearly state that he or she is not a medical doctor or physician.108
131	123		(3) No health care practitioner shall identify or refer to himself or herself in a clinical109
132	124		setting with:110
133	125		(A) Deceptive or misleading terms or false representations; or111
134	126		(B) Any medical or medical specialty titles, unless such health care practitioner is a112
135	127		physician licensed pursuant to Article 2 of Chapter 34 of this title.113
136	128		(e)(1) A health care practitioner providing services in this state in a health care practice114
137	129		or facility shall conspicuously post and affirmatively communicate the practitioner's115
138	130		specific licensure to all current and prospective patients as follows:116
139	131		(A)(i) The health care practitioner shall wear an identifier during all patient117
140	132		encounters that shall include:118
141	133		(I) The health care practitioner's name; and119
142		-	(II) The type of license or educational degree the health care practitioner holds.120 23 ~~SB 197/AP~~
143		-	S. B. 197
	134	+	(II) The type of license or educational degree the health care practitioner holds.120 23 LC 33 9490S
	135	+	S. B. 197 (SUB)
144	136		- 6 -
145		-	(ii) The identifier shall be of sufficient size and be worn in a conspicuous manner so
146		-	121
	137	+	(ii) The identifier shall be of sufficient size and be worn in a conspicuous manner so121
147	138		as to be visible and apparent. A lab coat or similar distinguishing clothing or uniform122
148	139		indicating the practitioner's specific licensure may be considered an identifier if such123
149	140		clothing or uniform meets the requirements of division (i) of this subparagraph.124
150	141		(iii) An identifier shall not be required in an operating room or other setting where125
151	142		surgical or other invasive procedures are performed or in any other setting where126
152	143		maintaining a sterile environment is medically necessary.127
153	144		(iv) An identifier shall not be required in any mental health setting where it would128
154	145		impede the psychotherapeutic relationship.129
155	146		(v) If a safety or health risk to the health care practitioner or a patient would be130
156	147		created as a result of the practitioner wearing such identifier in a specified practice131
157	148		setting, an identifier shall not be required or may be modified by omitting or132
158	149		concealing the last name of the practitioner in accordance with the requirements of133
159	150		the health care practice or facility; and134
160	151		(B) A health care practitioner in a health care practice or facility other than a hospital135
161	152		shall display in the reception area of such practice or facility a notice that clearly136
162	153		identifies the type of health care practitioners employed in such practice or facility and137
163	154		the right of a patient to inquire as to the type of license of the health care practitioner138
164	155		treating such patient. The notice shall be of sufficient size so as to be visible and139
165	156		apparent to all current and prospective patients.140
166	157		(2) A health care practitioner who practices in more than one office shall place the141
167	158		identifier information conspicuously on such practitioner's website if he or she maintains142
168	159		a website.143
169	160		(3) A health care practitioner who practices in a nonpatient care setting and who does not144
170	161		have any direct patient care interactions shall not be subject to the provisions of this145
171		-	subsection.146 23 ~~SB 197/AP~~
172		-	S. B. 197
	162	+	subsection.146 23 LC 33 9490S
	163	+	S. B. 197 (SUB)
173	164		- 7 -
174		-	(4) A health care practice or facility which requires, as of the effective date of this Code
175		-	147
	165	+	(4) A health care practice or facility which requires, as of the effective date of this Code147
176	166		section, its health care practitioners to wear an identification badge shall not be required148
177	167		to replace such badges to conform to the requirements of subparagraph (A) of149
178	168		paragraph (1) of this subsection.150
179	169		(5) Except as otherwise provided by paragraph (6) of this subsection, this subsection151
180	170		shall only apply to health care practices and facilities where more than one type of health152
181	171		care practitioner interacts with patients in exam settings. This subsection shall not apply153
182	172		to health care practices or facilities in which only one type of health care practitioner154
183	173		practices.155
184	174		(6) This subsection shall only apply to a dentist if such dentist is practicing in a hospital.156
185	175		This subsection shall only apply to a chiropractor or optometrist if such chiropractor or157
186	176		optometrist is practicing in a hospital, nursing home, assisted living community, or158
187	177		personal care home.159
188	178		(f) A health care practitioner who intentionally violates any provision of this Code section160
189	179		may be subject to disciplinary action by the health care practitioner's professional licensing161
190	180		board. Notwithstanding the imposition of any sanction, the health care practitioner's162
191	181		professional licensing board may seek an injunction or other legal means as appropriate163
192	182		against such health care practitioner violating this Code section.164
193	183		(g) A violation of this Code section shall not constitute a private cause of action.165
194		-	(h) Nothing in this Code section shall be construed to prevent a health care practitioner
195		-	166
	184	+	(h) Nothing in this Code section shall be construed to prevent a health care practitioner166
196	185		from using any title or abbreviation which is statutorily authorized for such practitioner167
197	186		pursuant to his or her respective licensing statutes."168
198	187		SECTION 3.169
199	188		All laws and parts of laws in conflict with this Act are repealed.170