Healthcare Truth and Transparency Act
Position
ANA opposes the Healthcare Truth and Transparency Act (H.R.
2260) as an unnecessary and dangerous imposition of trade restrictions
on nursing practice.
Background
The Healthcare Truth and Transparency Act of 2007 (H.R.
2260) is a product of the American Medical Association's ongoing effort
to limit the scope of practice of health care providers who are not
physicians.This bill would make it illegal for any licensed health care
provider who is not a medical doctor (MD) or doctor of osteopathic
medicine (DO) to make any statement or engage in any act that would
lead patients or the public to believe that they have the same or
equivalent education, skills, or training as an MD or DO. It brings
these activities under the purview of the Federal Trade Commission
(FTC) and instructs the FTC to identify specific acts and practices
that would violate this act, and to identify instances where any state
or public policy has permitted such acts and practices to occur. If
this bill were enacted, nurses found by the FTC to have engaged in
unfair trade practices would be subject to fines of up to $10,000 per
violation.
Advanced practice registered nurses (APRNs) - including
clinical nurse specialists, certified nurse midwives, certified
registered nurse anesthetists, and nurse practitioners - are registered
nurses who are prepared through advanced education and clinical
training to provide a wide range of health care services to individuals
of all ages. All APRNs must meet rigorous education, certification, and
continuing education requirements.
Rationale
Decades of research have shown that APRNs provide
cost-effective, high quality care. Multiple studies reveal that
patients treated by APRNs have outcomes comparable to those who are
treated by physicians, and that APRN care often results in higher
patient satisfaction. While APRN practice differs from that of
physicians, APRNs do - in fact – provide services equivalent
to those of medical doctors and doctors of osteopathy.
ANA asserts that H.R. 2260 represents an
unprecedented and unnecessary imposition of federal trade law on health
care practice. The bill asserts that "ample evidence exists of
providers who are not medical doctors or doctors of osteopathic
medicine holding themselves out as such" but fails to provide any
evidence of these practices. It also fails to recognize that such
activity, if it were to exist, is already governed by the state boards
of nursing.
The Healthcare Truth and Transparency Act is also inconsistent
in its approach to the issue of false representation. The legislation
fails to address the actions and representations of MDs and DOs that
fall outside of their education, skills, and clinical training. In
addition, this bill fails to address the potential for non-licensed
providers to portray themselves as something that they are not.