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