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Senate Bill S2250

2011-2012 Legislative Session

Restricts use of title "doctor" in advertisements

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2011-S2250 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง350-b, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S814

2011-S2250 (ACTIVE) - Summary

Restricts use of the title "doctor" in advertisements to medical doctors, dentists, chiropractors, veterinarians, podiatrists, and optometrists who have received a degree in the appropriate profession and have met all professional requirements of the appropriate program registered by the New York state education department or accredited by an accrediting organization acceptable to such department or are otherwise licensed to practice in the state of New York.

2011-S2250 (ACTIVE) - Sponsor Memo

2011-S2250 (ACTIVE) - Bill Text download pdf 

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

                                  2250

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to restricting the
  use of the title "doctor" in advertisements

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

  Section 1. Subdivision 1 of section 350-b of the general business law,
as  amended  by  chapter  159 of the laws of 1991, is amended to read as
follows:
   1. Any person who uses the title "doctor" in  making  representations
for  the purpose of inducing, or which are likely to induce, directly or
indirectly, the purchase of (a) drugs, devices or cosmetics, as  defined
in  section  sixty-eight  hundred two of the education law, or (b) other
goods or services intended to diagnose, treat, mitigate, prevent or cure
any human disease, pain, injury, deformity,  nutritional  deficiency  or
physical  condition, or which are intended to appear to the purchaser of
such goods or services to have done so, SHALL HAVE A DEGREE IN MEDICINE,
DENTISTRY, CHIROPRACTIC, VETERINARY MEDICINE, PODIATRY OR OPTOMETRY  AND
SHALL  HAVE MET ALL PROFESSIONAL REQUIREMENTS OF THE APPROPRIATE PROGRAM
REGISTERED BY THE NEW YORK STATE DEPARTMENT OF EDUCATION  OR  ACCREDITED
BY  AN  ACCREDITING ORGANIZATION ACCEPTABLE TO SUCH DEPARTMENT OR OTHER-
WISE LICENSED TO PRACTICE IN THE STATE OF NEW YORK AND  shall  conspicu-
ously  disclose  the  profession in which he or she is licensed[, except
that, where no license is required by the department of education,  such
person  shall  conspicuously  disclose  the  major  subject in which the
degree was earned and the name of the institution that issued the degree
provided, however, that such person shall be prohibited from  using  the
title  "doctor"  unless  the  degree  was conferred by an institution of
higher education authorized by law to confer  doctoral  degrees  in  the
state where it is located]. For the purposes of this section, "conspicu-
ously"  shall  mean  equally  in size, type or prominence and positioned

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07116-01-1

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