Assembly Bill A1154

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1154
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M. of A. STIRPE, ABINANTI, FAHY, HUNTER, JAFFEE, LIFTON,
   RYAN -- 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".
   §  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
 SUCH  PRACTITIONER  IS  AUTHORIZED  TO  USE PURSUANT TO THIS TITLE.  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00508-01-9

 A. 1154                             2
 
 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.
   §  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.
   § 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.
   §  5.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law.