S T A T E O F N E W Y O R K
________________________________________________________________________
7889
2013-2014 Regular Sessions
I N A S S E M B L Y
June 7, 2013
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Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to enacting the health
care professional transparency act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "health care professional transparency act".
S 2. The education law is amended by adding a new section 6511-a to
read as follows:
S 6511-A. HEALTH CARE PROFESSIONAL TRANSPARENCY. 1. DEFINITIONS. FOR
PURPOSES OF THIS SECTION:
A. "ADVERTISEMENT" MEANS ANY COMMUNICATION OR STATEMENT, WHETHER
PRINTED, ELECTRONIC OR ORAL, THAT NAMES THE HEALTH CARE PRACTITIONER IN
RELATION TO HIS OR HER PRACTICE, PROFESSION, OR INSTITUTION IN WHICH THE
INDIVIDUAL IS EMPLOYED, VOLUNTEERS OR OTHERWISE PROVIDES HEALTH CARE
SERVICES. ADVERTISEMENT INCLUDES BUSINESS CARDS, LETTERHEAD, PATIENT
BROCHURES, E-MAIL, INTERNET, AUDIO AND VIDEO AND ANY OTHER COMMUNICATION
OR STATEMENT USED IN THE COURSE OF BUSINESS.
B. "DECEPTIVE" OR "MISLEADING" MEANS, BUT IS NOT LIMITED TO, ANY
ADVERTISEMENT OR AFFIRMATIVE COMMUNICATION OR REPRESENTATION THAT
MISSTATES, FALSELY DESCRIBES, HOLDS OUT OR FALSELY DETAILS THE HEALTH
CARE PRACTITIONER'S PROFESSION, SKILLS, TRAINING, EXPERTISE, EDUCATION,
BOARD CERTIFICATION OR LICENSURE.
C. "HEALTH CARE PRACTITIONER" MEANS A PERSON WHO IS LICENSED, CERTI-
FIED OR REGISTERED PURSUANT TO THIS TITLE.
2. ADVERTISEMENT REQUIREMENTS. A. AN ADVERTISEMENT FOR HEALTH CARE
SERVICES THAT NAMES A HEALTH CARE PRACTITIONER MUST IDENTIFY THE TYPE OF
LICENSE HELD PURSUANT TO THE DEFINITIONS UNDER THIS SECTION. THE ADVER-
TISEMENT SHALL BE FREE FROM ANY AND ALL DECEPTIVE OR MISLEADING INFORMA-
TION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11086-01-3
A. 7889 2
B. A MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHIC MEDICINE MAY NOT HOLD
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 FOLLOWING CRITERIA ARE
SATISFIED:
(1) THE ADVERTISEMENT STATES THE FULL NAME OF THE CERTIFYING BOARD.
(2) THE BOARD EITHER:
(I) IS A MEMBER BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR
THE AMERICAN OSTEOPATHIC ASSOCIATION; OR
(II) REQUIRES SUCCESSFUL COMPLETION OF A POSTGRADUATE TRAINING PROGRAM
APPROVED BY THE ACCREDITATION COMMISSION FOR GRADUATE MEDICAL EDUCATION
OR THE AMERICAN OSTEOPATHIC ASSOCIATION THAT PROVIDES COMPLETE TRAINING
IN THE SPECIALTY OR SUBSPECIALTY CERTIFIED, FOLLOWED BY PREREQUISITE
CERTIFICATION BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR AMERICAN
OSTEOPATHIC ASSOCIATION BOARD FOR THAT TRAINING FIELD AND FURTHER
SUCCESSFUL COMPLETION OF EXAMINATION IN THE SPECIALTY OR SUBSPECIALTY
CERTIFIED.
C. A HEALTH CARE PRACTITIONER PROVIDING HEALTH CARE SERVICES IN THIS
STATE MUST CONSPICUOUSLY POST AND AFFIRMATIVELY COMMUNICATE THE PRACTI-
TIONER'S SPECIFIC LICENSURE IN ACCORDANCE WITH THIS SECTION. 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 PRAC-
TITIONER'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
DOCUMENT THAT CLEARLY IDENTIFIES 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.
D. A HEALTH CARE PRACTITIONER WHO PRACTICES IN MORE THAN ONE OFFICE
SHALL BE REQUIRED TO COMPLY WITH THESE REQUIREMENTS IN EACH PRACTICE
SETTING.
S 2. Section 6509 of the education law is amended by adding a new
subdivision 15 to read as follows:
(15) FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION REQUIRE-
MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS ARTICLE.
S 3. Section 6530 of the education law is amended by adding a new
subdivision 50 to read as follows:
50. FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION REQUIRE-
MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS TITLE.
S 4. This act shall take effect immediately.