Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3606 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1314 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3606
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Gerard J. Cassidy
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to health care transparency.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Gerard J. Cassidy9th Plymouth1/18/2023Paul McMurtry11th Norfolk3/1/2023William C. Galvin6th Norfolk3/1/2023Kenneth I. Gordon21st Middlesex3/1/2023 1 of 4
16	16	HOUSE DOCKET, NO. 1314 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3606
18	18	By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 3606) of
19	19	Gerard J. Cassidy and others relative to the use of the term physician. Public Health.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 4812 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to health care transparency.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 112 of the General Laws is hereby amended by striking out section
31	31	28A and inserting in place thereof the following section:-
32	32	3 Section 8A. No person may, directly or indirectly, use the title ''physician'' or display or
33	33	4use the term physician in any title, advertisement, listing of affiliations, communication with the
34	34	5public or in any other manner to indicate or imply in any way that such person offers to engage
35	35	6or engages in the practice of medicine or in the provision of health care services to patients
36	36	7within the commonwealth who is not registered by the board of registration in medicine as a
37	37	8physician under section 2, nor use or imply the use of the words or terms “surgeon,” “medical
38	38	9doctor,” “doctor of osteopathy,” “M.D.”, “anesthesiologist,” “cardiologist,” “dermatologist,”
39	39	10“endocrinologist,” “gastroenterologist,” “general practitioner,” “gynecologist,” “hematologist,” 2 of 4
40	40	11“internist,” “laryngologist,” “nephrologist,” “neurologist,” “obstetrician,” “oncologist,”
41	41	12“ophthalmologist,” “orthopedic surgeon,” “orthopedist,” “osteopath,” “otologist,”
42	42	13“otolaryngologist,” “otolaryngologist,” “pathologist,” “pediatrician,” “primary care physician,”
43	43	14“proctologist,” “psychiatrist,” “radiologist,” “rheumatologist,” “rhinologist,” “urologist,” or any
44	44	15similar title or description of services with the intent to represent that the person practices
45	45	16medicine. This section shall not apply to use of the term ''chiropractic physician'' by individuals
46	46	17licensed and practicing under sections 89 to 97, inclusive, or the use of the term ''podiatric
47	47	18physician'' by individuals licensed and practicing under sections 13 to 22, inclusive, or the use of
48	48	19the term ''physician assistant'' by individuals licensed and practicing under sections 9C to 9K,
49	49	20inclusive. A person who violates this section shall be punished by a fine of not less than $100
50	50	21and not more than $1,000 or by imprisonment for not less than 30 days and not more than 1 year
51	51	22in the house of corrections, or by both such fine and imprisonment.
52	52	23 SECTION 2. Said chapter 112 is hereby further amended by adding the following
53	53	24section:-
54	54	25 Section 290. (a) For the purposes of this section, the following terms shall have the
55	55	26following meanings:
56	56	27 "Advertisement”, any communication or statement, whether printed, electronic, or oral
57	57	28that names the health care practitioner in relation to his or her practice, profession, or institution
58	58	29in which the individual is employed, volunteers or otherwise provides health care services. This
59	59	30includes business cards, letterhead, patient brochures, email, Internet, audio and video, and any
60	60	31other communication or statement used in the course of business. 3 of 4
61	61	32 “Deceptive” or “misleading” includes, but is not limited to, any advertisement or
62	62	33affirmative communication or representation that mis-states, falsely describes, holds out or
63	63	34falsely details the health care practitioner’s profession, skills, training, expertise, education,
64	64	35board certification or licensure.
65	65	36 “Health care practitioner”, any person who engages in acts that are the subject of
66	66	37licensure or regulation.
67	67	38 “Licensee”, a health care practitioner who holds an active license with the licensing board
68	68	39governing his or her practice in the Commonwealth.
69	69	40 (b) An advertisement for health care services that names a health care practitioner must
70	70	41identify the type of license held pursuant to the definitions under this chapter. The advertisement
71	71	42shall be free from any and all deceptive and misleading information.
72	72	43 (c) A health care practitioner providing health care services in the Commonwealth must
73	73	44conspicuously post and affirmatively communicate the practitioner’s specific licensure as
74	74	45defined under this chapter, which shall consist of the following:
75	75	46 1. The health care practitioner shall wear a photo identification name tag during all
76	76	47patient encounters that shall include (i) a recent photograph of the practitioner (ii) the
77	77	48practitioner’s name; (iii) the type of license; and (iv) the expiration date of the license. The name
78	78	49tag shall be of sufficient size and be worn in a conspicuous manner so as to be visible and
79	79	50apparent. 4 of 4
80	80	51 2. The health care practitioner shall display in his or her office a writing that clearly
81	81	52identifies the type of license held by the health care practitioner. The writing must be of
82	82	53sufficient size so as to be visible and apparent to all current and prospective patients.
83	83	54 (d) A health care practitioner who practices in more than one office shall be required to
84	84	55comply with these requirements in each practice setting.
85	85	56 (e) A medical doctor or doctor of osteopathic medicine who supervises or participates in
86	86	57collaborative practice agreements with non-medical doctors or non-doctors of osteopathic
87	87	58medicine health care practitioners shall be required to conspicuously post in each office a
88	88	59schedule of the regular hours when he or she will be present at that office.
89	89	60 (f) Health care practitioners working in non-patient care settings, and who do not have
90	90	61any direct patient care interactions, are not subject to the provisions of this section.
91	91	62 (g) Failure to comply with any provision under this section shall constitute a violation of
92	92	63this section and chapter 93A.