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
                               ___________

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.