senate Bill S7455

2011-2012 Legislative Session

Requires the specification of health professional's credentials in advertisements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1094
May 21, 2012 referred to higher education

Co-Sponsors

S7455 - Details

See Assembly Version of this Bill:
A8410A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยงยง6509 & 6530, Ed L

S7455 - Summary

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

S7455 - Sponsor Memo

S7455 - Bill Text download pdf

                    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.

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