Healthcare Truth and Transparency Act
Position
ANA opposes the Healthcare Truth and Transparency Act as an unnecessary and dangerous imposition of trade restrictions on nursing practice.
Background
The Healthcare Truth and Transparency Act 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 the Healthcare Truth and Transparency Act 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.