Senate Bill S5870A

2017-2018 Legislative Session

Enacts the health care professional transparency act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

2017-S5870 - Details

Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add §6511-a, amd §§6509 & 6530, Ed L

2017-S5870 - Summary

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

2017-S5870 - Sponsor Memo

2017-S5870 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5870
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2017
                                ___________
 
 Introduced  by  Sens.  GRIFFO, AVELLA, DeFRANCISCO, PARKER -- 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".
   §  2.  The  education law is amended by adding a new section 6511-a to
 read as follows:
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S5870A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add §6511-a, amd §§6509 & 6530, Ed L

2017-S5870A (ACTIVE) - Summary

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

2017-S5870A (ACTIVE) - Sponsor Memo

2017-S5870A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5870--A
     Cal. No. 1114
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2017
                                ___________
 
 Introduced  by  Sens.  GRIFFO, AVELLA, DeFRANCISCO, PARKER -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Higher Education -- recommitted to the Committee on  Higher  Educa-
   tion  in  accordance  with Senate Rule 6, sec. 8 -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 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".
   §  2.  The  education law is amended by adding a new section 6511-a to
 read as follows:
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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