NY State Assembly Bill 2015-A7129D

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to higher education
Jun 14, 2015	print number 7129d
Jun 14, 2015	amend and recommit to higher education
Jun 11, 2015	print number 7129c
Jun 11, 2015	amend and recommit to higher education
Jun 08, 2015	print number 7129b
Jun 08, 2015	amend and recommit to higher education
May 28, 2015	print number 7129a
May 28, 2015	amend and recommit to higher education
Apr 24, 2015	referred to higher education

Bill Amendments

Original

D (Active)

co-Sponsors

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multi-Sponsors

2015-A7129 - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add §6511-a, amd §§6509 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7889
2017-2018: A560
2019-2020: A1154
2021-2022: A4394
2023-2024: A2284

2015-A7129 - Summary

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

2015-A7129 - Bill Text download pdf

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

                                  7129

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

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.
                                                           LBD06721-01-5

A. 7129                             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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A7129A - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add §6511-a, amd §§6509 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7889
2017-2018: A560
2019-2020: A1154
2021-2022: A4394
2023-2024: A2284

2015-A7129A - Summary

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

2015-A7129A - Bill Text download pdf

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

                                 7129--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

Introduced  by  M.  of  A.  STIRPE,  SCHIMEL,  TITONE, LAVINE, BRINDISI,
  ABINANTI, RYAN -- Multi-Sponsored by -- M. of A. LUPINACCI,  STECK  --
  read once and referred to the Committee on Higher Education -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06721-03-5

A. 7129--A                          2

LICENSE  HELD PURSUANT TO THE DEFINITIONS UNDER THIS SECTION. THE ADVER-
TISEMENT SHALL BE FREE FROM ANY AND ALL DECEPTIVE OR MISLEADING INFORMA-
TION.
  B.  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.  FOR
PURPOSES  OF THIS SECTION, THE TERM OFFICE DOES NOT APPLY TO ANY PART OF
A GENERAL HOSPITAL AS THAT TERM IS DEFINED IN SUBDIVISION TEN OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
  C. A HEALTH CARE PRACTITIONER WHO PRACTICES IN MORE  THAN  ONE  OFFICE
SHALL  BE  REQUIRED  TO  COMPLY WITH THESE REQUIREMENTS IN EACH PRACTICE
SETTING.
  S 3. 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 4. 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 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A7129B - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add §6511-a, amd §§6509 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7889
2017-2018: A560
2019-2020: A1154
2021-2022: A4394
2023-2024: A2284

2015-A7129B - Summary

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

2015-A7129B - Bill Text download pdf

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

                                 7129--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

Introduced  by  M.  of  A.  STIRPE,  SCHIMEL,  TITONE, LAVINE, BRINDISI,
  ABINANTI, RYAN, JAFFEE -- Multi-Sponsored by -- M.  of  A.  LUPINACCI,
  STECK  --  read once and referred to the Committee on Higher Education
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06721-05-5

A. 7129--B                          2

  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.
  B.  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; AND (II) LARGE BOLD LETTERING WHICH SPECIFIES THE  TYPE
OF  LICENSE  HELD  BY THE PRACTITIONER.  THE NAME TAG SHALL BE OF SUFFI-
CIENT 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.  FOR
PURPOSES  OF THIS SECTION, THE TERM OFFICE DOES NOT APPLY TO ANY PART OF
A GENERAL HOSPITAL AS THAT TERM IS DEFINED IN SUBDIVISION TEN OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
  C. A HEALTH CARE PRACTITIONER WHO PRACTICES IN MORE  THAN  ONE  OFFICE
SHALL  BE  REQUIRED  TO  COMPLY WITH THESE REQUIREMENTS IN EACH PRACTICE
SETTING.
  S 3. 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  SUBARTI-
CLE.
  S  4.  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 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A7129C - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add §6511-a, amd §§6509 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7889
2017-2018: A560
2019-2020: A1154
2021-2022: A4394
2023-2024: A2284

2015-A7129C - Summary

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

2015-A7129C - Bill Text download pdf

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

                                 7129--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

Introduced  by  M.  of  A.  STIRPE,  SCHIMEL,  TITONE, LAVINE, BRINDISI,
  ABINANTI, RYAN, JAFFEE -- Multi-Sponsored by -- M. of A. DUPREY, HOOP-
  ER, LUPINACCI, STECK -- read once and referred  to  the  Committee  on
  Higher  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06721-07-5

A. 7129--C                          2

  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.
  B.  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; AND (II) LARGE BOLD LETTERING WHICH SPECIFIES THE  TYPE
OF  LICENSE  HELD  BY THE PRACTITIONER.  THE NAME TAG SHALL BE OF SUFFI-
CIENT SIZE AND BE WORN IN A CONSPICUOUS MANNER SO AS TO BE READILY IDEN-
TIFIABLE; 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. FOR
PURPOSES OF THIS SECTION, THE TERM OFFICE DOES NOT APPLY TO ANY PART  OF
A GENERAL HOSPITAL AS THAT TERM IS DEFINED IN SUBDIVISION TEN OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
  C.  A  HEALTH  CARE PRACTITIONER WHO PRACTICES IN MORE THAN ONE OFFICE
SHALL BE REQUIRED TO COMPLY WITH THESE  REQUIREMENTS  IN  EACH  PRACTICE
SETTING.
  S  3.  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 SUBARTI-
CLE.
  S 4. 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 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A7129D (ACTIVE) - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add §6511-a, amd §§6509 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7889
2017-2018: A560
2019-2020: A1154
2021-2022: A4394
2023-2024: A2284

2015-A7129D (ACTIVE) - Summary

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

2015-A7129D (ACTIVE) - Bill Text download pdf

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

                                 7129--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

Introduced  by  M.  of  A.  STIRPE,  SCHIMEL,  TITONE, LAVINE, BRINDISI,
  ABINANTI, RYAN, JAFFEE -- Multi-Sponsored by -- M. of A. DUPREY, HOOP-
  ER, LUPINACCI, STECK -- read once and referred  to  the  Committee  on
  Higher  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee --  again  reported  from  said  committee  with
  amendments,  ordered  reprinted  as  amended  and  recommitted to said
  committee

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, BUT IS NOT LIMITED TO, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06721-12-5

A. 7129--D                          2

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 AND WHO PROVIDES  HEALTH  CARE
SERVICES  SUCH  AS PROVIDING DIRECT CLINICAL SERVICES FOR THE BENEFIT OF
THE HEALTH AND/OR MENTAL HEALTH OF A PATIENT.
  2. ADVERTISEMENT REQUIREMENTS. A. AN  ADVERTISEMENT  FOR  HEALTH  CARE
SERVICES  THAT  NAMES  A HEALTH CARE PRACTITIONER MUST SPECIFY THE TITLE
SUCH PRACTITIONER IS AUTHORIZED TO USE PURSUANT  TO  THIS  TITLE.    THE
ADVERTISEMENT  SHALL  BE  FREE  FROM ANY AND ALL DECEPTIVE OR MISLEADING
INFORMATION.
  B. 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; AND (II) LARGE BOLD LETTERING WHICH SPECIFIES THE TYPE
OF LICENSE HELD BY THE PRACTITIONER.  THE NAME TAG SHALL  BE  OF  SUFFI-
CIENT SIZE AND BE WORN IN A CONSPICUOUS MANNER SO AS TO BE READILY IDEN-
TIFIABLE; AND
  (2)  REGISTRATION  CERTIFICATES  ISSUED  BY  THE  DEPARTMENT  SHALL BE
CONSPICUOUSLY DISPLAYED BY EACH HEALTH CARE PRACTITIONER IN EACH  OFFICE
IN  WHICH  SUCH PERSON PRACTICES. IN INSTANCES WHERE HEALTH CARE PRACTI-
TIONERS REGULARLY PRACTICE AT MORE THAN ONE OFFICE, REGISTRATION CERTIF-
ICATES SHALL BE OBTAINED AND CONSPICUOUSLY  DISPLAYED  FOR  EACH  OFFICE
BEARING  THE  HEALTH  CARE  PRACTITIONER'S NAME AND THE EXACT ADDRESS OF
EACH SUCH OFFICE. WHERE PRACTICE IS CARRIED ON IN OTHER THAN  INDIVIDUAL
OFFICES  OR SETTINGS, EACH HEALTH CARE PRACTITIONER SHALL HAVE A CURRENT
REGISTRATION CERTIFICATE AVAILABLE FOR INSPECTION AT ALL TIMES.
  C.  THE REQUIREMENTS OF PARAGRAPH B OF  THIS  SUBDIVISION  SHALL  ONLY
APPLY  TO  OFFICES  WHERE FOUR OR MORE HEALTH CARE PRACTITIONERS PROVIDE
HEALTH CARE SERVICES.
  S 3. Section 6509 of the education law is  amended  by  adding  a  new
subdivision 15 to read as follows:
  (15)  EXCEPT  FOR THE ADVERTISEMENT REQUIREMENT IN SUBPARAGRAPH ONE OF
PARAGRAPH B OF SUBDIVISION TWO OF SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF
THIS SUBARTICLE, FAILING TO COMPLY WITH  ADVERTISEMENT  REQUIREMENTS  IN
SUCH SECTION.
  S  4.  Section  6530  of  the education law is amended by adding a new
subdivision 50 to read as follows:
  50. EXCEPT FOR THE ADVERTISEMENT REQUIREMENT IN  SUBPARAGRAPH  ONE  OF
PARAGRAPH B OF SUBDIVISION TWO OF SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF
THIS  TITLE,  FAILING  TO COMPLY WITH ADVERTISEMENT REQUIREMENTS IN SUCH
SECTION.
  S 5.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

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Earlene Hooper

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Phil Steck

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