senate Bill S5493
(R, C, IP) 47th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Enacts the health care professional transparency act; prohibits health care professionals from using deceptive or misleading advertising.
TITLE OF BILL: An act to amend the education law, in relation to
enacting the health care professional transparency act
PURPOSE: To ensure appropriate identification of all health
professionals in their one on one interaction with patients and in
their advertisements to the public.
SUMMARY OF PROVISIONS: This bill creates a new section 6511-a of the
Education Law in relation to Health Care professional transparency to
require that an advertisement for health care services that names a
health care practitioner must identify the type of license by that
health care professional and requires that advertisements shall be
free from any and all deceptive or misleading information.
This bill would also prohibit physicians from holding oneself out to
the public in any manner as being certified by a public or private
board including but not limited to a multidisciplinary board or "board
certified", unless all of the advertisement states the full name of
the certifying board and the board either: is a member board of the
American Board of Medical Specialties (ABMS) or the American
Osteopathic Association (AOA)) or requires successful completion of a
postgraduate training program approved by the Accreditation Commission
for Graduate Medical Education (ACGME) or the AOA that provides
complete training in the specialty or subspecialty certified, followed
by prerequisite certification by the ABMS or AOA board for that
training field and further successful completion of examination in the
specialty or subspecialty certified.
The bill also requires a health care practitioner providing health
care services in this state to conspicuously post and affirmatively
communicate the practitioner's specific licensure as defined under
this section and specifies that this shall consist of the following:
(1) the health care practitioner shall wear a photo identification
name tag during all patient encounters that shall include (i) the
employee's name; (ii) large bold lettering which specifies the type of
license held by the practitioner; and (iii) the expiration date of the
license. The name tag shall be of sufficient size and be worn in a
conspicuous manner so as to be visible and apparent; and (2) the
health care practitioner shall display in his or her office a writing
that clearly identified the type of license held by the health care
practitioner. The writing shall be of sufficient size so as to be
visible and apparent to all current and prospective patients.
This bill also amends Section 6509 of the Education Law by adding a
new subdivision fifteen (15) to make the failure to comply with
section 6511-a 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 (48) to make the failure to comply with section
6511-a an act of professional misconduct for physicians.
EXISTING LAW: Current law does not require non-physician providers to
specify in their advertisements the type of license held by such
health care professional. Current law prohibits physicians from making
false, fraudulent 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 clearly 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
ophthalmologist is a medical doctor. This confusion is exacerbated by
advertisements which fail to specify the title and type of license
held by the health professional advertising his or her services.
Moreover, even within medicine, physicians have trained in certain
specialties and have achieved board certification by one of the 24
member boards of the American Board of Medical Specialties or
certification by the American Osteopathic Association. Advertisements
by health care professionals should assist the public in discerning
the qualifications of a health care professional. This can be
accomplished by requiring advertisements to specify the license held
by the health care professional, and where the professional is a
physician, the advertisement should also specify the board
certification attained by such physician. Clarity in advertising will
enhance public information and decision making on matters affecting
the public's choice of health professional. Also, by requiring health
care professionals to wear clearly readable identification badges, the
patient can be properly informed as to the type of provider with whom
they are speaking about their care.
LEGISLATIVE HISTORY: Similar to S.7455/A.8410A of 2011-12.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
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