senate Bill S5493

2013-2014 Legislative Session

Enacts the health care professional transparency act

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.554
Jan 08, 2014 referred to higher education
Jun 21, 2013 committed to rules
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1146
May 16, 2013 referred to higher education

Votes

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May 6, 2014 - Higher Education committee Vote

S5493
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Jun 4, 2013 - Higher Education committee Vote

S5493
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

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S5493 - Bill Details

See Assembly Version of this Bill:
A7889
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add §6511-a, amd §§6509 & 6530, Ed L

S5493 - Bill Texts

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Enacts the health care professional transparency act; prohibits health care professionals from using deceptive or misleading advertising.

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BILL NUMBER:S5493

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

                                  5493

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- 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  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

S. 5493                             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.

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