Missouri 2024 Regular Session

Missouri Senate Bill SB1313 Compare Versions

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Old	New	Differences
1	1
2	2	SECOND REGULAR SESSION
3	3	SENATE BILL NO. 1313
4	4	102ND GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR LUETKEMEYER.
6	6	5079S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 324, RSMo, by adding thereto one new section relating to fraudulent
9	9	mispresentations in advertisements of health care practitioners.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 324, RSMo, is amended by adding thereto 1
13	13	one new section, to be known as section 324.019, to read as 2
14	14	follows:3
15	15	324.019. 1. As used in this section, the following 1
16	16	terms mean: 2
17	17	(1) "Advertisement", a communication, whethe r printed, 3
18	18	electronic, or oral, that names a health care practitioner 4
19	19	and the practice, profession, or institution at which the 5
20	20	practitioner is employed, volunteers, or otherwise provides 6
21	21	health care services. The term "advertisement" shall 7
22	22	include business cards, letterhead, patient brochures, e - 8
23	23	mail, internet websites, outdoor displays, audio and video 9
24	24	communications, and any other communication used in the 10
25	25	course of business; 11
26	26	(2) "Fraudulent misrepresentation", includes, but is 12
27	27	not limited to, the use of titles, terms, or other words 13
28	28	used in an advertisement that misrepresents a health care 14
29	29	practitioner's professional skills, training, expertise, 15
30	30	education, board certification, or licensure, with the 16
31	31	purpose of misleading the public. 17 SB 1313 2
32	32	2. Any advertisement for the services of health care 18
33	33	practitioners shall use the following titles: 19
34	34	(1) Physicians and surgeons licensed pursuant to 20
35	35	chapter 334 shall use the titles "physician", "surgeon", 21
36	36	"medical doctor", "M.D.", "doctor of osteopathy", or "D.O." 22
37	37	and may use specialty designations as provided by section 23
38	38	334.021; 24
39	39	(2) Physician assistants, as such term is defined in 25
40	40	section 334.735, licensed to practice pursuant to chapter 26
41	41	334 shall use only the title "physician assis tant" or 27
42	42	"licensed physician assistant" or the abbreviation "P.A."; 28
43	43	(3) Assistant physicians, as such term is defined in 29
44	44	section 334.036, licensed to practice pursuant to chapter 30
45	45	334 shall use only the title "assistant physician" and the 31
46	46	titles provided by section 334.036; 32
47	47	(4) Registered professional nurses or registered 33
48	48	nurses, as such terms are defined in section 335.016, 34
49	49	licensed pursuant to chapter 335 shall use only the title 35
50	50	"registered professional nurse" or the abbreviation "RN"; 36
51	51	(5) Licensed practical nurses or practical nurses, as 37
52	52	such terms are defined in section 335.016, licensed pursuant 38
53	53	to chapter 335 shall use only the title "licensed practical 39
54	54	nurse" or the abbreviation "LPN"; 40
55	55	(6) Advanced practice registered nurses, as such term 41
56	56	is defined in section 335.016, licensed pursuant to chapter 42
57	57	335 shall only use the title "advanced practice registered 43
58	58	nurse", the abbreviation "APRN", or the designations and 44
59	59	abbreviations reserved for advanced practice registere d 45
60	60	nurses as provided in section 335.076; and 46
61	61	(7) All other health care practitioners shall use the 47
62	62	appropriate titles and abbreviations as indicated by the 48 SB 1313 3
63	63	applicable provision of law regarding licensure of the 49
64	64	health care practitioner. 50
65	65	3. An advertisement for the services of a health care 51
66	66	practitioner shall include the health care practitioner's 52
67	67	full name and title as set forth in this section. The 53
68	68	advertisement shall not include fraudulent 54
69	69	misrepresentations. Any advertisement in whi ch a health 55
70	70	care practitioner who refers to himself or herself as board 56
71	71	certified or uses similar language to infer the practitioner 57
72	72	has received any type of board certification shall include 58
73	73	the entire name of the board that issued the certification. 59
74	74	It is a fraudulent misrepresentation for any health care 60
75	75	practitioner to advertise as board certified when the 61
76	76	practitioner is not currently board certified. 62
77	77	4. A health care practitioner shall: 63
78	78	(1) Display a copy of the health care practit ioner's 64
79	79	license in a prominent place in an office area visible to 65
80	80	current and prospective patients. If the health care 66
81	81	practitioner sees patients in a setting outside of a 67
82	82	licensed health care facility, a copy of the health care 68
83	83	practitioner's licens e shall be of sufficient size to be 69
84	84	visible and apparent to patients, except that a copy no 70
85	85	smaller than the original license is deemed to be 71
86	86	sufficient; and 72
87	87	(2) A health care practitioner seeing patients on a 73
88	88	face-to-face basis shall wear a name badge or some other 74
89	89	form of identification that clearly discloses: 75
90	90	(a) The health care practitioner's name; 76
91	91	(b) The type of license, registration, or 77
92	92	certification which the health care practitioner holds, as 78
93	93	set forth in this section and b y the applicable provision of 79
94	94	law for the health care practitioner's profession; and 80 SB 1313 4
95	95	(c) The health care practitioner's medical staff 81
96	96	position, if applicable. 82
97	97	