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An Act Establishing Health Care Practitioner Transparency Requirements
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24 MRSA §2987, as enacted by PL 2003, c. 469, Pt. C, §30, is repealed and the following enacted in its place:
§ 2987. Consumer information
 
1.  Definitions.     For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Advertisement" means a communication, whether printed, electronic or oral, that names a health care practitioner and the practice, profession or institution in which the practitioner is employed, volunteers or otherwise provides health care services. "Advertisement" includes business cards, letterhead, patient brochures, e-mail, Internet, audio and video communications and any other communication used in the course of business.
 
B.  "Deceptive or misleading advertising" includes, but is not limited to, use of an advertisement that misstates, falsely describes, falsely holds out or falsely details the health care practitioner's professional skills, training, expertise, education, board certification or licensure.
 
2.  Charges.     A health care practitioner shall notify patients in writing of the health care practitioner's charges for health care services commonly offered by the practitioner. Upon request of a patient, a health care practitioner shall assist the patient in determining the actual payment from a 3rd-party payor for a health care service commonly offered by the practitioner.
 
3.  Advertising.     A health care practitioner who advertises health care services shall disclose in an advertisement the applicable license under which the health care practitioner is authorized to provide services. The advertisement:
 
A.  May not constitute deceptive or misleading advertising; and
 
B.  Must include the health care practitioner's name, the type of license the practitioner holds and the common term for the practitioner's profession.
 
4.  Identification.     A health care practitioner shall display a copy of the practitioner's license in a prominent place in an office area visible to current and prospective patients. If the health care practitioner sees patients in a setting outside of a licensed health care facility, the copy must be of sufficient size to be visible and apparent to patients. A health care practitioner seeing patients on a face-to-face basis shall wear a name badge or some other form of identification that clearly discloses the practitioner's name, license, registration or certification status and staff position, if applicable. A health care practitioner who does not have direct patient care interactions is not subject to the provisions of this section.
 
5.  Complaints; disciplinary action.     A person may file a complaint with the appropriate licensing board regarding a health care practitioner who fails to provide the consumer information required in this section. A health care practitioner who violates any provision of this section engages in unprofessional conduct and is subject to disciplinary action under the applicable licensing provisions of the health care practitioner.
 
SUMMARY
This bill ensures that patients receive accurate health care information by prohibiting deceptive or misleading advertising or misrepresentation in the provision of health care services, requiring the identification and level of licensure of health care practitioners with patient contact and clarifying disciplinary actions that may be taken for failure to comply with these consumer information requirements.