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Bill Defines Who Can Call Themselves Physicians

A bill cosponsored by the sole psychiatrist in Congress may end the practice by which health care professionals who haven't graduated from medical school advertise themselves as physicians.

APA, the AMA, and seven other medical organizations are hailing the introduction of legislation that would make it unlawful for health care professionals to misrepresent their qualifications to patients.

The Healthcare Truth and Transparency Act (HR 2260) was introduced last month by Rep. Jim McDermott (D-Wash.) and John Sullivan (R-Okla.) to help safeguard patients from misleading claims by nonphysicians about their qualifications and training. McDermott, Congress's only psychiatrist, is a member of APA.

The bill states that the legislation would make it "unlawful for any person who is a licensed health care service provider but who is not a medical doctor or doctor of osteopathic medicine to make any deceptive or misleading statement, or engage in any deceptive or misleading act, that deceives or misleads the public or a prospective or current patient that such person is a medical doctor or doctor of osteopathic medicine or has the same or equivalent education, skills, or training."

As described in the legislation, the types of statements or activities that would be prohibited include "advertising in any medium; making false statements regarding the education, skills, training, or licensure of such person; or in any other way describing such person's profession, skills, training, experience, education, or licensure in a fashion that reasonably causes the public, a potential patient, or current patient to believe that such person is a medical doctor or doctor of osteopathic medicine."

In separate statements following introduction of the bill, leaders of APA and the AMA said it would help protect patients and ensure that they can make informed decisions about whom they want to obtain their health care from.

"Patients shouldn't have to play roulette with their health care," said incoming APA President Carolyn Robinowitz, M.D., in a written statement. "Now is the time for truth and transparency in health care. Information is power—the power to make better choices, the power to protect you and your family's safety, and the power to keep costs in check by getting you the care you need the first time you seek it."

AMA Board of Trustees member William Hazel Jr., M.D., said in a statement that it is important for patients to know the qualifications of health care professionals caring for them. "The AMA and its medical specialty partners applaud Reps. John Sullivan and Jim McDermott for introducing legislation that protects patients by strengthening the Federal Trade Commission's authority to challenge misleading marketing by nonphysician medical providers," Hazel said.

Joining APA and the AMA in public support of the Sullivan and McDermott bill are the American Academy of Ophthalmology, American Academy of Otolaryngology–Head and Neck Surgery, American Society of Anesthesiologists, American Osteopathic Association, American College of Surgeons, American Academy of Orthopaedic Surgeons, and the American Society of Plastic Surgeons.

In a statement issued in conjunction with the introduction of the bill, Sullivan said that he believes that the overwhelming majority of American people support legislation to make it easier for them to understand the qualifications of their health care professionals.

"Patients today are confused about the health care system in general, especially about the differences in health care providers. We need to make changes to allow patients to understand who they are receiving care from, which is why I have reintroduced the Healthcare Truth and Transparency Act."

The text of the Healthcare Truth and Transparency Act can be accessed at <http://thomas.loc.gov> by searching on its bill number, HR 2260.

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