Health care qualifications and advertising.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0455

HOUSE BILL
NO.
HB0201

H
ealth care qualifications
and advertising
.

Sponsored by:
Representative(s) Pedersen,
Edmonds
and Wallis and Senator(s) Emerich and Landen

A BILL

for

AN ACT relating to
consumer protection
; requiring the disclosure of specified information in
health care
advertising;
prohibiting deceptive or misleading information;
providing definitions; requiring the display of specified information at medical practices; providing fines and penalties;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 40
‑
12
‑
601 through 40
‑
12
‑
605
are created to read:

ARTICLE 6
HEALTH CARE
QUALIFICATIONS
AND ADVERTISING

40
‑
12
‑
601.

Short title.

This
article
shall be known and may be cited as the
"
Truth in Health Care Practitioner
Qualifications and
Advertising Act.
"

40
‑
12
‑
602.

Definitions
.

(a)

As used in this
act
:

(i)

"
Advertisement
"

means
billboards, brochures, pamphlets, radio and television scripts, electronic media, printed telephone directories, telephone and direct mail solicitations and any other means of promotion intended to directly or indirectly induce any person to enter into an agreement for services with
a
health
care professional;

(ii)

"
Deceptive or misleading
"

means

misstating,
falsely describ
ing

or falsely holding out a
health care practitioner
'
s profession, skills, training, expertise, education, board certification or licensure;

(iii
)

"
Health care service
"
means any act to prevent, diagnose, correct or treat, in any manner, by any means, method or device, any human disease, illness, pain, wound, fracture, infirmity, defect or abnormal physical or mental condition, injury, deformity or ailment, or to otherwise improve human physical or mental health
;

(
i
v)

"
Health care practitioner
"
means any person who engages in, provides or renders health care services;

(v
)

"
This act
"
means W.S. 40
‑
12
‑
601 through 40
‑
12
‑
605
.

40
‑
12
‑
603.

Requirements
for health care advertising.

(a)

An advertisement for health care services that names a health care practitioner
shall:

(i)

I
dentify
any

health care
license held by the practitioner
and
the state in which the license
was issued
;

(ii)

W
here a health care practitioner
'
s professional credentials include any of the following, use without abbreviation
the appropriate word or phrase to describe the practitioner
'
s profession
, as follows:

(A)

For a
doctor of
podiatri
c medicine
,
"
doctor of podiatry,
"

"
podiatric surgeon
"
or
"
doctor of podiatric medicine
"
;

(B)

For
a doctor of
chiropract
ic,
"
chiropractor
"
or
"
doctor of chiropractic medicine
"
;

(C)

For
a
doctor of dental surgery
,
"
dentist
"

or
"
doctor of dental surgery
"
;

(D)

For
a doctor of dental medicine,
"
dentist
"
or
"
doctor of dental medicine
"
;

(E)

For a

doctor of optometry,
"
optometrist
"
or
"
doctor of optometry
"
;

(F)

For a doctor of nursing practice,
"
nurse practitioner
"
;

(G
)

For a
doctor of philosophy
,
doctor of education or doctor of psychology
offering health care services
,
"
clinical psychologist,
"

"
therapist,
"

"
counselor,
"

"
language pathologist,
"

"
speech pathologist,
"

"
speech and language pathologist
"
or
"
audiologist
"
as appropriate
;

(H
)

For a
medical doctor
or a
doctor of osteopathy
the area of medicine that best describes their practice as included in the America
n Board of Medical Specialties.

(iii
)

B
e free from any dece
ptive or misleading information;

(
i
v)

L
ist

any
professional degree
s
held;

(v) I
nclude a word or phrase that best describe
s their professional activities.

40
‑
12
‑
604.

Health care identification.

(a)

A health care practitioner providing health care services in this state
shall
conspicuously post and affirmatively communicate the practitioner
'
s specific licensure as
follows:

(i)

If a
h
ealth care practitioner wear
s
a name tag during patient encounters
,

the name tag shall clearly identify
the type of license held by the health care practitioner. The name tag shall be of sufficient size and be worn in a conspicuous manner so as
to be visible and apparent;

(ii)

T
he health care practitioner shall display in his office a writing that clearly identifies the type of license held by the health care practitioner. The writing
shall be
of sufficient size so as to be visible and apparent to all c
urrent and prospective patients.

(b)

Any
health care practitioner who engages in, provides or renders health care services in more than one
(1)
practice location shall be required to comply with
the requirements of subsection (a) of this section in
each practice location.

40
‑
12
‑
605
.

Violations; penalties.

(a)

Any person who violates this
act
is guilty of a misdemeanor punishable by a fine of not more than
five hundred dollars ($500
.00), imprisonment for not more than six (6) months, or both.

(b)

In additio
n to any criminal penalties, a
court may ass
ess a civil penalty of up to five thousand dollars ($5
,000.00) for a violation of
this act.
Any penalty collected under the provisions of this section shall be deposited in the public school fund of the appropriate county as required by article 7, section 5 of the
Wyoming
constitution.

(c)

In addition to any civil or criminal remedy provided by law, upon a determination that any person has violated
this act,
an
appropriate licensing authority
may sanction the person or revoke or
suspend
any license held by
the person
.

Section 2.

This act is effective July 1, 2011.

(END)

1
HB0201