Connecticut Seal

General Assembly

File No. 423

    February Session, 2018

Senate Bill No. 402

Senate, April 11, 2018

The Committee on Public Health reported through SEN. GERRATANA of the 6th Dist. and SEN. SOMERS of the 18th Dist., Chairpersons of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT CONCERNING TRUTH IN ADVERTISING BY MEDICAL DOCTORS AND DOCTORS OF OSTEOPATHIC MEDICINE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2018) (a) As used in this section:

(1) "Physician" means a person who is licensed to practice medicine, osteopathy, or surgery pursuant to chapter 370 of the general statutes;

(2) "Board certified" means certified by a board in accordance with the provisions of subdivision (2) of subsection (b) of this section.

(b) A physician may advertise or otherwise convey to the public that he or she is board certified only if the following conditions are satisfied: (1) The advertisement states the full name of the certifying board, and (2) the certifying board is either (A) a member of the American Board of Medical Specialties or the American Osteopathic Association, or (B) another board that requires, as prerequisites for issuing certification, (i) successful completion of a postgraduate training program that is approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, that provides training in the specialty or subspecialty certified by such other board and that is certified by a board described in subparagraph (A) of this subdivision, and (ii) successful passage of an examination in the specialty or subspecialty certified by such other board.

(c) Any physician found to be in violation of any provision of this section shall be subject to the disciplinary action pursuant to section 19a-17 of the general statutes.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

New section

PH

Joint Favorable

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 19 $

FY 20 $

Resources of the General Fund

GF - Potential Revenue Gain

Minimal

Minimal

Note: GF=General Fund

Municipal Impact: None

Explanation

This bill, which allows physicians to advertise that they are board certified under certain conditions, results in a potential minimal revenue gain to the General Fund as violations may lead to disciplinary action and the issuance of an associated civil penalty of up to $25,000.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to physician violations and the associated issuance of civil penalties.

OLR Bill Analysis

SB 402

AN ACT CONCERNING TRUTH IN ADVERTISING BY MEDICAL DOCTORS AND DOCTORS OF OSTEOPATHIC MEDICINE.

SUMMARY

This bill allows physicians to advertise or otherwise convey to the public that they are board certified only if certain conditions are met.

The advertisement must state the full name of the certifying board. In addition, the certifying board must be:

Violating the bill subjects a physician to disciplinary action by the Department of Public Health. By law, disciplinary actions available to the department include, among other things, (1) revoking or suspending a license, (2) issuing a letter of reprimand, (3) placing the violator on probation, or (4) imposing a civil penalty of up to $25,000 (CGS 19a-17).

EFFECTIVE DATE: October 1, 2018

BOARD REQUIREMENTS

Under the bill, for boards that are not ABMS or AOA members, physicians may only advertise or hold themselves out as board-certified if the other board requires specified criteria for certification. The board must require applicants to have completed a postgraduate training program that:

The board must also require applicants to have passed an examination in the applicable specialty or subspecialty.

COMMITTEE ACTION

Public Health Committee

Joint Favorable

Yea

26

Nay

0

(03/23/2018)

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