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| 2 | 2 | | HOUSE DOCKET, NO. 1312 FILED ON: 1/18/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2145 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Gerard J. Cassidy |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to truth in advertising. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Gerard J. Cassidy9th Plymouth1/18/2023 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1312 FILED ON: 1/18/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2145 |
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| 18 | 18 | | By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 2145) of |
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| 19 | 19 | | Gerard J. Cassidy relative to truth in advertising by certain health care practitioners. Public |
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| 20 | 20 | | Health. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 2240 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to truth in advertising. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Section 1. Chapter 112 is hereby amended by adding the following new sections: |
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| 32 | 32 | | 2 For the purposes of this section: |
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| 33 | 33 | | 3 "Advertisement” any communication or statement, whether printed, electronic, or oral |
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| 34 | 34 | | 4that names the health care practitioner in relation to his or her practice, profession, or institution |
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| 35 | 35 | | 5in which the individual is employed, volunteers or otherwise provides health care services. This |
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| 36 | 36 | | 6includes business cards, letterhead, patient brochures, email, Internet, audio and video, and any |
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| 37 | 37 | | 7other communication or statement used in the course of business. |
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| 38 | 38 | | 8 “Deceptive” or “misleading” includes, but is not limited to, any advertisement or |
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| 39 | 39 | | 9affirmative communication or representation that mis-states, falsely describes, holds out or 2 of 3 |
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| 40 | 40 | | 10falsely details the health care practitioner’s profession, skills, training, expertise, education, |
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| 41 | 41 | | 11board certification or licensure. |
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| 42 | 42 | | 12 “Health care practitioner” any person who engages in acts that are the subject of licensure |
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| 43 | 43 | | 13or regulation. |
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| 44 | 44 | | 14 “Licensee” a health care practitioner who holds an active license with the licensing board |
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| 45 | 45 | | 15governing his or her practice in the Commonwealth. |
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| 46 | 46 | | 16 (a) An advertisement for health care services that names a health care practitioner must |
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| 47 | 47 | | 17identify the type of license held pursuant to the definitions under this act. The advertisement |
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| 48 | 48 | | 18shall be free from any and all deceptive and misleading information. |
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| 49 | 49 | | 19 (b) A health care practitioner providing health care services in the Commonwealth must |
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| 50 | 50 | | 20conspicuously post and affirmatively communicate the practitioner’s specific licensure as |
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| 51 | 51 | | 21defined under this act. This shall consist of the following: |
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| 52 | 52 | | 22 1. The health care practitioner shall were a photo identification name tag during all |
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| 53 | 53 | | 23patient encounters that shall include (i) a recent photograph of the practitioner (ii) the |
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| 54 | 54 | | 24practitoner’s name; (iii) the type of license; and (iv) the expiration date of the license. The name |
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| 55 | 55 | | 25tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and |
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| 56 | 56 | | 26apparent. |
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| 57 | 57 | | 27 2. The health care practitioner shall display in his or her office a writing that clearly |
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| 58 | 58 | | 28identifies the type of license held by the health care practitioner. The writing must be of |
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| 59 | 59 | | 29sufficient size so as to be visible and apparent to all current and prospective patients. 3 of 3 |
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| 60 | 60 | | 30 (c) A health care practitioner who practices in more than one office shall be required to |
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| 61 | 61 | | 31comply with these requirements in each practice setting. |
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| 62 | 62 | | 32 (d) A medical doctor or doctor of osteopathic medicine who supervises or participates in |
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| 63 | 63 | | 33collaborative practice agreements with non-medical doctors or non-doctors of osteopathic |
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| 64 | 64 | | 34medicine health care practitioners shall be required to conspicuously post in each office a |
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| 65 | 65 | | 35schedule of the regular hours when he or she will be present at that office. |
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| 66 | 66 | | 36 (e) Health care practitioners working in non-patient care settings, and who do not have |
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| 67 | 67 | | 37any direct patient care interactions, are not subject to the provisions of this act. |
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| 68 | 68 | | 38 (f) Failure to comply with any provision under this section shall constitute a violation of |
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| 69 | 69 | | 39this act and Chapter 93A of the general laws. |
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