senate Bill S7455

Requires the specification of health professional's credentials in advertisements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / May / 2012
    • REFERRED TO HIGHER EDUCATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1094
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Requires the specification of health professional's credentials in advertisements for such health professional's services.

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Bill Details

See Assembly Version of this Bill:
A8410A
Versions:
S7455
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd ยงยง6509 & 6530, Ed L

Sponsor Memo

BILL NUMBER:S7455

TITLE OF BILL:
An act to amend the education law, in relation to the identification of
health professional credentials in advertisements

PURPOSE:
To ensure that all health professionals who advertise their services
apprise the public of their professional credentials:

SUMMARY OF PROVISIONS:
This bill amends Section 6509 of the Education Law by adding a new
subdivision fifteen (15) to make the failure to specify in advertise-
ments informing the public of availability of their professional
services, the title and type of license, registration or certificate
conferred to such health care professional pursuant to title eight of
the education law an act of professional misconduct for non-physician
health care professionals.

This bill also amends Section 6530 of the Education Law by adding, a new
subparagraph (viii) to subdivision twenty seven to require that they do
not hold themselves out in a public manner as being certified by a
public or private board unless they fulfill certain criteria such as the
full name of the certifying board and other criteria written in the
bill.

EXISTING LAW:
Current law does not require non-physician providers to specify in their
advertisements the title and type of license held by such health care
professional. Current law prohibits physicians from making false, frau-
dulent and misleading advertisements but does not require physicians to
specify their specialty credentials such as board certification in their
advertisements.

JUSTIFICATION: In studies conducted by the AMA, it was found that
patients are undeniably confused about who provides their medical care.
Results of the survey revealed multiple examples of confusion by the
public. 67% of respondents believed that a podiatrist was a medical
doctor and 50% of the respondents believed that a psychologist was a
medical doctor. A mere 69% of respondents believed that an ophthalmolo-
gist is a medical doctor. This confusion is exacerbated by advertise-
ments which fail to specify the title and type of license held by the
health professional advertising his or her services. Non-physicians who
advertise their services are not required to specify what license they
hold in advertisements. Moreover, even within medicine, physicians have
trained in certain specialties and have achieved hoard certification by
one of the 241 member boards of the American Board of Medical Special-
ties or certification by the American Osteopathic Association. Adver-
tisements by health care professionals should assist the public in
discerning the qualifications of health care professional. This can be
accomplished by requiring advertisements to specify the title and

license held by the health care professional, and where the professional
is a physician, the advertisement should also specify board certif-
ication attained by such physician. Clarity in advertising will enhance
public information and decision making on matters affecting the public's
choice of health professional.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7455

                            I N  S E N A T E

                              May 21, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to the identification  of
  health professional credentials in advertisements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6509 of the education law is amended  by  adding  a
new subdivision 15 to read as follows:
  (15) FAILURE TO SPECIFY, IN ADVERTISEMENTS INFORMING THE PUBLIC OF THE
AVAILABILITY  OF  THEIR  PROFESSIONAL  SERVICES,  THE  TITLE AND TYPE OF
LICENSE, REGISTRATION OR  CERTIFICATE  CONFERRED  TO  SUCH  HEALTH  CARE
PROFESSIONAL  PURSUANT  TO  TITLE  EIGHT  OF  THE EDUCATION LAW. FOR THE
PURPOSES  OF  THIS   SECTION,   "ADVERTISEMENT"   INCLUDES   BILLBOARDS,
BROCHURES,  PAMPHLETS,  RADIO  AND TELEVISION SCRIPTS, ELECTRONIC MEDIA,
PRINTED TELEPHONE DIRECTORIES, TELEPHONE AND DIRECT  MAIL  SOLICITATIONS
AND  ANY  OTHER  MEANS  OF  PROMOTION INTENDED TO DIRECTLY OR INDIRECTLY
INDUCE ANY PERSON TO ENTER INTO  AN  AGREEMENT  FOR  SERVICES  WITH  THE
HEALTH PROFESSIONAL.
  S  2.  Subparagraphs (vi) and (vii) of paragraph (a) of subdivision 27
of section 6530 of the education law, as added by  chapter  606  of  the
laws of 1991, are amended and a new subparagraph (viii) is added to read
as follows:
  (vi) makes claims of professional superiority which cannot be substan-
tiated by the licensee, who shall have the burden of proof; [or]
  (vii)  offers bonuses or inducements in any form other than a discount
or reduction in an established fee or price for a  professional  service
or product[.]; OR
  (VIII)  HOLDS  ONESELF OUT TO THE PUBLIC IN ANY MANNER AS BEING CERTI-
FIED BY A PUBLIC OR PRIVATE BOARD INCLUDING BUT NOT LIMITED TO A  MULTI-
DISCIPLINARY  BOARD  OR  "BOARD  CERTIFIED," UNLESS ALL OF THE FOLLOWING
CRITERIA ARE SATISFIED:
  (1) THE FULL NAME OF THE BOARD FROM WHICH THE PHYSICIAN  IS  CERTIFIED
AND THE NAME OF THE SPECIALITY OR SUBSPECIALTY IS INCLUDED IN THE ADVER-
TISEMENT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13021-03-2

S. 7455                             2

  (2) THE BOARD MEETS ANY OF THE FOLLOWING QUALIFICATIONS:
  (A)  THE  BOARD  IS  A  MEMBER  BOARD OF THE AMERICAN BOARD OF MEDICAL
SPECIALTIES (ABMS) OR A CERTIFYING BOARD  OF  THE  AMERICAN  OSTEOPATHIC
ASSOCIATION (AOA); OR
  (B) THE BOARD HAS BEEN DEEMED EQUIVALENT TO AN ABMS BOARD BY THE STATE
OF  NEW  YORK.  THE  STATE  SHALL  APPROVE A CERTIFYING BOARD UNDER THIS
SUBSECTION AS EQUIVALENT ONLY IF THE CERTIFYING BOARD REQUIRES THAT,  IN
ORDER  TO BE CERTIFIED, THE PHYSICIAN HAS COMPLETED A POSTGRADUATE RESI-
DENCY TRAINING PROGRAM THAT PROVIDES COMPLETE TRAINING IN THE  SPECIALTY
OR  SUBSPECIALTY  BEING CERTIFIED AND THAT IS ACCREDITED BY THE ACCREDI-
TATION COUNCIL FOR GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATH-
IC ASSOCIATION, AND THE PHYSICIAN  HAS  ACHIEVED  CERTIFICATION  BY  THE
AMERICAN  BOARD  OF  MEDICAL SPECIALTIES OR AMERICAN OSTEOPATHIC ASSOCI-
ATION FOLLOWING THAT RESIDENCY; OR
  (C) THE BOARD REQUIRES SUCCESSFUL COMPLETION OF A POST-GRADUATE  RESI-
DENCY PROGRAM APPROVED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL
EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION THAT PROVIDES COMPLETE
TRAINING  IN  THE SPECIALTY OR SUBSPECIALTY CERTIFIED, AND PRIOR CERTIF-
ICATION BY THE MEMBER BOARD OF THE ABMS OR AOA FOR THAT RESIDENCY.
  S 3. This act shall take effect immediately.

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