To prohibit certain use of the terms "Visiting Nurse Association", "Visiting Nurse Service", "VNA", and "VNS".

Authorizes the Attorney General to impose on any person who is not a visiting nurse association or service a civil penalty of up to $1,000 per violation, and to enjoin a violation, for knowingly using the term "visiting nurse association," "visiting nurse service," "VNA," VNS," or any colorable imitation of any such term: (1) in commerce; and (2) in connection with any goods or services in a manner that falsely suggests, or causes any confusion, mistake, or deception, that the goods or services are produced or endorsed by a visiting nurse association or service, or that the person is associated in any way with a visiting nurse association or service.

Directs the Attorney General to: (1) establish standards and procedures governing the imposition of civil penalties for such violations which provide for the imposition of a penalty only after the person has been given an opportunity for a hearing on the record; and (2) issue any regulations necessary to carry out this Act.

Makes the remedies provided under this Act in addition to the remedies provided by any other law.

 
HR 3716 IH
102d CONGRESS
1st Session
 H. R. 3716
To prohibit certain use of the terms `Visiting Nurse Association', `Visiting
Nurse Service', `VNA', and `VNS'.
IN THE HOUSE OF REPRESENTATIVES
November 6, 1991
Mr. STAGGERS introduced the following bill; which was referred jointly to
the Committees on the Judiciary and Energy and Commerce
A BILL
To prohibit certain use of the terms `Visiting Nurse Association', `Visiting
Nurse Service', `VNA', and `VNS'.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. PROHIBITION OF CERTAIN USE OF TERMS `VISITING NURSE ASSOCIATION',
`VISITING NURSE SERVICE', `VNA', AND `VNS'.
  The Attorney General may--
  (1) impose on any person who is not a visiting nurse association or
  visiting nurse service, and knowingly commits any of the violations
  described in section 2, a civil penalty that does not exceed $1,000 for
  each such violation; and
  (2) enjoin any such person from committing any such violation.
SEC. 2. VIOLATIONS FOR WHICH CIVIL PENALTY MAY BE IMPOSED.
  For purposes of section 1, a violation shall be any of the following;
  (1) Use in commerce of the term `visiting nurse association', `visiting
  nurse service', `VNA', `VNS', or any colorable imitation of any such term.
  (2) Use of the term `visiting nurse association', `visiting nurse service',
  `VNA', `VNS', or any colorable imitation of any such term, in connection
  with any goods or services in a manner that falsely suggests, or causes any
  confusion, mistake, or deception, that the goods or services are produced
  or endorsed by a visiting nurse association or visiting nurse service.
  (3) Use of the term `visiting nurse association', `visiting nurse service',
  `VNA', `VNS', or any colorable imitation of any such term, in connection
  with any goods or services in a manner that falsely suggests, or causes
  any confusion, mistake, or deception, that the person is associated in
  any way with a visiting nurse association or visiting nurse service.
SEC. 3. PROCEDURES FOR IMPOSITION OF CIVIL PENALTIES.
  The Attorney General shall establish standards and procedures governing the
  imposition of civil penalties under section 1. The standards and procedures
  shall provide for the imposition of a penalty only after the person referred
  to in such subsection has been given an opportunity for a hearing on the
  record in accordance with section 554 of title 5, United States Code.
SEC. 4. AVAILABILITY OF OTHER REMEDIES.
  The remedies provided under this Act shall be in addition to the remedies
  provided by any other law.
SEC. 5. REGULATIONS.
  The Attorney General shall issue any regulations necessary to carry out
  this Act.
SEC. 6. DEFINITION.
  For purposes of this Act, the term `visiting nurse association', `visiting
  nurse service', `VNA', or `VNS' means a community-based  home health care
  provider comprised of at least a Medicare-certified home health agency
  that is--
  (1) controlled, either directly or at the corporate level, by an independent,
  self-perpetuating, and voluntary board of directors;
  (2) is exempt from Federal taxation under section 501(a) of the Internal
  Revenue Code of 1986, and
  (3) is described in section 501(c)(3) of such Code.
SEC. 7. EFFECTIVE DATE.
  (a) IN GENERAL- This Act shall take effect on the expiration of the 6-month
  period beginning on the date of the enactment of this Act.
  (b) EXCEPTION- This Act shall not apply to any person referred to in
  section 1 who has used the term `visiting nurse association', `visiting
  nurse service', `VNA', `VNS', or any colorable imitation of any such term
  continuously for at least 2 years prior to the date of the enactment of
  this Act.