Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Disclosures required in advertisements using the title "doctor"
General Business (GBS) CHAPTER 20, ARTICLE 22-A
§ 350-b. Disclosures required in advertisements using the title
"doctor". 1. Any person who uses the title "doctor" in making
representations for the purpose of inducing, or which are likely to
induce, directly or indirectly, the purchase of (a) drugs, devices or
cosmetics, as defined in section sixty-eight hundred two of the
education law, or (b) other goods or services intended to diagnose,
treat, mitigate, prevent or cure any human disease, pain, injury,
deformity, nutritional deficiency or physical condition, or which are
intended to appear to the purchaser of such goods or services to have
done so, shall conspicuously disclose the profession in which he or she
is licensed, except that, where no license is required by the department
of education, such person shall conspicuously disclose the major subject
in which the degree was earned and the name of the institution that
issued the degree provided, however, that such person shall be
prohibited from using the title "doctor" unless the degree was conferred
by an institution of higher education authorized by law to confer
doctoral degrees in the state where it is located. For the purposes of
this section, "conspicuously" shall mean equally in size, type or
prominence and positioned adjacent to the title "doctor". The
requirements of this subdivision supplement, and shall not be construed
to limit, the obligations of health professionals pursuant to the
education law and regulations thereunder, nor shall they be construed to
authorize the practice of any licensed profession nor the offer of
professional services by any unlicensed person.

2. In addition to any civil penalty available under section three
hundred fifty-d of this article, whenever there shall be an actual or
threatened violation of this section an application may be made to a
court or justice having jurisdiction to issue an injunction, upon notice
to the defendant of not less than five days, to enjoin and restrain such
actual or threatened violation; if it shall appear to the satisfaction
of the court or justice that the defendant is in fact assuming, adopting
or using such title or is about to assume, adopt or use such title and
that the assumption, adoption or use of such title may deceive or
mislead the public, an injunction may be issued by said court or justice
enjoining and restraining such actual or threatened violation without
requiring proof that any person has in fact been deceived or misled