Senate Bill S4651C

                                BILL NUMBER:S4651

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 (50) 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:

2014 - S. 5493 - Rules Committee/A. 7889 - Higher Education Committee.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

                                BILL NUMBER:S4651A

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 (50) 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:

2014 - S. 5493 - Rules Committee/A. 7889 - Higher Education Committee.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

                                BILL NUMBER:S4651B

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 (50) 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:

2014 - S. 5493 - Rules Committee/A. 7889 - Higher Education Committee.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.