SENATE CONCURRENT RESOLUTION NO. 77

(By Senators Stollings, Foster, Jenkins, Tucker, Laird, Miller and Prezioso)

[Originating in the Committee on Health and Human Resources]

Requesting the Joint Committee on Government and Finance to conduct a study on ensuring transparency regarding the education, training and licensure of health care providers.

    Whereas, With the escalating cost of health care and an ever growing variety of health care choices, West Virginia’s patients deserve to know who provides their care and exactly what their providers are qualified and licensed to perform; and

    Whereas, There is a multitude of professional academic degrees using the term “doctor,” including Medical Doctor (M.D.); Doctor of Osteopathic Medicine (D.O.); Doctor of Dental Surgery (D.D.S.) Doctor of Podiatric Medicine (D.P.M.); Doctor of Optometry (O.D.); Doctor of Chiropractic (D.C.); and other designations which may be used by health care practitioners; and

    Whereas, There are widespread differences regarding the training and qualifications required to earn the professional degrees described, and these differences often concern the training and skills necessary to correctly detect, diagnose, prevent and treat serious health care conditions; and

    Whereas, Studies conducted in 2008 and 2010 found that patients are confused about the health care education and training among different types of health care professionals; and

    Whereas, Confusion among patients about who is and who is not qualified to provide specific patient care undermines the reliability of the health care system and can put patients at risk; and

    Whereas, There is a compelling state interest in patients being promptly and clearly informed of the training and qualifications of the health care practitioners who provide health care services; and

    Whereas, There is a compelling state interest in the public being protected from potentially misleading and deceptive health care advertising that might cause patients to have undue expectations regarding their treatment and outcome; and

    Whereas, Confusing and misleading ads undermine the reliability of our health care system, and patients do not have confidence that health care professionals advertise and provide services for which they are properly trained; and

    Whereas, A recent survey revealed that 96 percent of the public believes that health care providers should be required to display their level of training and legal licensure; and

    Whereas, There is compelling state interest to require health care providers to clearly and honestly state their level of training, licensing and what procedures they may legally perform in all advertising and marketing materials; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is requested to conduct a study on ensuring transparency regarding the education, training and licensure of health care providers; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study whether to require all health care professionals wear a name tag during all patient encounters that clearly identifies the type of license they hold; and, be it

    Further resolved, That the Joint Committee on Government and Finance study whether to require health care professionals to display their education, training and licensure in their offices; and, be it

    Further Resolved, That the Joint Committee on Government and Finance study whether to regulate any advertisements or professional websites health care providers may have that promote services beyond what the health care provider is legally permitted to provide; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2012, on its findings, conclusions and recommendations, together with drafts of legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expense necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.