This bill enacts the "Healthcare Provider Advertising Law," which adds the following requirements for practitioner advertising to current law:
(1) An advertisement that includes a practitioner's name must prominently state the profession or license held by the practitioner;
(2) A written advertisement that includes a practitioner's name must prominently set forth the profession or license held by the practitioner in a font size and style that makes the information readily apparent to the reader;
(3) An advertisement must not include any deceptive or misleading information; and
(4) A practitioner who communicates or disseminates to the general public an advertisement that violates this bill is generally subject to disciplinary sanctions by the board that issued the practitioner's license. However, (1)-(4) do not prohibit the use of an advertisement using the practitioner's profession, title, or designation associated with the practitioner's educational degree if the advertisement meets the requirements of (1) above.
This bill clarifies the following:
(A) That an "advertisement" does not include (i) office building placards; or (ii) exterior building signage that was in place before January 1, 2025;
(B) That the above provisions do not apply to an advertisement communicated or disseminated before January 1, 2025. However, an advertisement that was prepared or created before that date, must not be disseminated after December 31, 2024, unless the advertisement complies with (1)-(4) above; and
(C) That the above provisions do not apply to a veterinarian licensed by the state.
PRACTICE OF MEDICINE
Present law generally provides that a person is regarded as practicing medicine within the meaning of the law relative to medicine who treats, or professes to diagnose, treat, operates on or prescribes for any physical ailment or any physical injury to or deformity of another and thereby, subject to the law relative to licensure and other regulation. However, the present law does contain a number of exceptions, such as an exemption for the administration of domestic or family remedies in cases of emergency and an exemption for surgeons of the U.S. army, navy, air force, or marine hospital service regardless of the hospital or practice site as long as the surgeon's practice is part of the surgeon's authorized military service or training.
This bill adds to the present law that the "practice of medicine" also means any one, or a combination, of the following:
(1) Holding oneself out to the public as being engaged in (i) the diagnosis, treatment, correction, or prevention of any disease, ailment, defect, injury, infirmity, deformity, pain, or other condition of human beings; (ii) the suggestion, recommendation, prescription, or administration of any form of treatment; (iii) the performing of any kind of surgical operation upon a human being in which human tissue is cut, burned, or vaporized by the use of any mechanical means, laser, or ionizing radiation, or the penetration of the skin or body orifice by any means, for the intended palliation, relief, or cure; or (iv) the prevention of any physical, mental, or functional ailment or defect of any person;
(2) Maintaining an office or a place of business for the reception, examination, or treatment of persons suffering from disease, ailment, defect, injury, infirmity, deformity, pain, or other conditions of body or mind;
(3) Attaching certain words or abbreviations as listed in the bill to a name, either alone or in connection with other words or abbreviations indicating or inducing others to believe that the person is engaged in the practice of medicine or osteopathic medicine; or
(4) Providing diagnostic or treatment services to a person in this state when the diagnostic or treatment services are transmitted through electronic communications; and on a regular, routine, and nonepisodic basis or under an oral or written agreement to regularly provide medical services.
However, this bill clarifies that the "practice of medicine" does not prohibit the following:
(A) A practitioner from using the practitioner's name, title, or profession that is allowed under the practitioner's practice act or another state law;
(B) A practitioner who is a chiropractor and who has attained diplomate status in a chiropractic specialty area recognized by the American Chiropractic Association, International Chiropractic Association, or International Academy of Clinical Neurology before January 1, 2025, from using a designation or term listed in the bill in conjunction with the name or title of the practitioner's profession;
(C) A practitioner who is a dentist and who has completed a dental anesthesiology residency recognized by the American Dental Board of Anesthesiology before January 1, 2025, from using a designation or term listed in the bill in conjunction with the name or title of the practitioner's profession; or
(D) A nonresident physician who is located outside this state from providing a second opinion to a licensee or diagnostic or treatment services to a patient in this state following medical care originally provided to the patient while outside this state.
Additionally, (1)-(4) above do not apply to the following:
(A) A practitioner if the practitioner has a special area of practice and the practitioner uses the following format: "[The name or title of the practitioner's profession] specializing in [name of specialty]";
(B) A student in training in a medical school approved by the board, or while performing duties as an intern or a resident in a hospital under the supervision of the hospital's staff or in a program approved by the medical school;
(C) A person who renders service in case of emergency where no fee or other consideration is contemplated, charged, or received;
(D) A paramedic, an advanced emergency medical technician, an emergency medical technician, or a person with equivalent certification from another state who renders advanced life support or basic life support (i) during a disaster or emergency declared by the governor in response to an act that the governor in good faith believes to be an act of terrorism; and (ii) in accordance with the rules adopted by the emergency medical services board or the disaster or emergency declaration of the governor;
(E) An individual who is not a licensed practitioner in this state who resides in another state or country and is authorized to practice medicine or osteopathic medicine there, who is called in to this state for consultation by an individual licensed to practice medicine or osteopathic medicine in this state; or
(F) A member of a church or religious organization practicing the religious tenets of the church or religious organization if the member does not make a medical diagnosis, prescribe or administer drugs or medicines, perform surgical or physical operations, or assume the title of or profess to be a physician.
ON APRIL 8, 2024, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 2451, AS AMENDED.
AMENDMENT #1 rewrites the bill to establish the "Healthcare Provider Advertising Law," as follows:
REQUIREMENTS FOR PRACTITIONER ADVERTISING
(1) Requires an advertisement that includes a practitioner's name to prominently state the profession or license held by the practitioner;
(2) Requires a written advertisement that includes a practitioner's name to prominently state the profession or license held by the practitioner in a font size and style that makes the information readily apparent to the reader;
(3) Prohibits an advertisement from including any deceptive or misleading information;
(4) Establishes that a practitioner who communicates or disseminates to the general public an advertisement that violates the bill is subject to disciplinary sanctions by the board that issued the practitioner's license;
(5) Establishes that (1)-(4) under this heading do not prohibit the use of an advertisement using the practitioner's profession, title, or designation associated with the practitioner's educational degree if the advertisement meets the requirements of (1);
PRACTICE OF MEDICINE
(6) Establishes the "practice of medicine" as follows:
(A) Includes attaching any of the following words or abbreviations to a name, either alone or in connection with other words or abbreviations indicating or inducing others to believe that the person is engaged in the practice of medicine or osteopathic medicine, including:
(i) "Doctor of medicine";
(ii) "M.D.";
(iii) "Doctor of osteopathy";
(iv) "D.O.";
(v) "Physician";
(vi) "Osteopath" or "osteopathy";
(vii) "Osteopathic medical physician";
(viii) "Surgeon";
(ix) "Physician and surgeon";
(x) "Anesthesiologist" or "anesthesiology";
(xi) "Cardiologist" or "cardiology";
(xii) "Dermatologist" or "dermatology";
(xiii) "Endocrinologist" or "endocrinology";
(xiv) "Gastroenterologist" or "gastroenterology";
(xv) "Gynecologist" or "gynecology";
(xvi) "Hematologist" or "hematology";
(xvii) "Internist";
(xviii) "Laryngologist" or "laryngology";
(xix) "Nephrologist" or "nephrology";
(xx) "Neurologist" or "neurology";
(xxi) "Obstetrician";
(xxii) "Oncologist" or "oncology";
(xxiii) "Ophthalmologist" or "ophthalmology";
(xxiv) "Orthopedic surgeon";
(xxv) "Orthopedist";
(xxvi) "Otologist";
(xxvii) "Otolaryngologist";
(xxviii) "Otorhinolaryngologist";
(xxix) "Pathologist" or "pathology";
(xxx) "Pediatrician";
(xxxi) "Primary care physician";
(xxxii) "Proctologist" or "proctology";
(xxxiii) "Psychiatrist";
(xxxiv) "Radiologist" or "radiology";
(xxxv) "Rheumatologist" or "rheumatology";
(xxxvi) "Rhinologist" or "rhinology";
(xxxvii) "Urologist" or "urology";
(xxxviii) "Medical doctor";
(xxxix) "Family practice physician";
(xl) "Emergency physician" or "emergency medicine physician";
(xli) "Osteopathic surgeon"; or
(xxlii) "Allergy" or "allergist";
(B) Does not prohibit a practitioner from using the practitioner's name, title, or profession that is allowed under the practitioner's practice act or another state law; and
(C) Does not apply to an optometrist licensed in this state who is performing lawful services according to the definition of "practice of optometry as a profession," and the rules adopted by the board of optometry; and
DISPLAY OF LICENSE - PRACTICE OF DENTISTRY
(7) Requires every person licensed or registered to practice one of the healing arts, or any branch thereof as delineated under state law, to keep an original or copy of the person's license or certificate of registration displayed in the office or place in which the person practices, in a conspicuous place, and place and keep placed in a conspicuous place at the entrance of the person's office, a sign in intelligible lettering and not less than one inch in height, containing the name of such person immediately followed by the recognized abbreviation indicating the professional degree, if any, held by such person, and containing immediately below the person's name, in equal size lettering, the word or words: "dentist," "doctor of dental surgery," "oral surgeon," "doctor of dental medicine," "dentist anesthesiologist," and "anesthesiology" for practitioners of dentistry.
AMENDMENT #2 makes the following changes:
(1) Clarifies that the "practice of medicine" also includes attaching any of the following words or abbreviations to a name, either alone or in connection with other words or abbreviations indicating or inducing others to believe that the person is engaged in the practice of medicine or osteopathic medicine: (i) "plastic surgeon" or "plastic surgery" and (ii) "pulmonologist" or "pulmonology"; and
(2) Revises the provision that provides that every person licensed or registered to practice one of the healing arts, or any branch thereof, as delineated in the present law must keep an original or copy of the person's license or certificate of registration displayed in the office or place in which the person practices, in a conspicuous place, and place and keep placed in a conspicuous place at the entrance of the person's office, a sign in intelligible lettering and not less than one inch in height, containing the name of such person immediately followed by the recognized abbreviation indicating the professional degree, if any, held by such person, and containing immediately below the person's name, in equal size lettering, the word or words: “dentist,” “doctor of dental surgery” or “doctor of dental medicine” for practitioners of dentistry. This amendment, instead, for practitioners of dentistry, only places such requirement with regard to the following: "dentist," "doctor of dental surgery," "oral surgeon," "doctor of dental medicine," "dentist anesthesiologist," and "dental anesthesiology."
ON APRIL 10, 2024, THE SENATE SUBSTITUTED HOUSE BILL 2451 FOR SENATE BILL 1720, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 2451, AS AMENDED.
AMENDMENT #2 revises the provision relative to practitioners of dentistry placing a designation after their name from requiring the designation "dental anesthesiology" to just "anesthesiology."
ON APRIL 11, 2024, THE SENATE LIFTED THE TABLING MOTION, RECONSIDERED ITS ACTION IN ADOPTING AMENDMENT #2, WITHDREW AMENDMENT #2, AND PASSED HOUSE BILL 2451.

Statutes affected:
Introduced: 63-6-204