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