STATE OF NEW YORK ________________________________________________________________________ 2284 2023-2024 Regular Sessions IN ASSEMBLY January 25, 2023 ___________ Introduced by M. of A. STIRPE, FAHY, HUNTER, CRUZ, MAGNARELLI, SEAWRIGHT, BUTTENSCHON, DICKENS, JACOBSON, SAYEGH, COOK, DARLING, McDONOUGH, DeSTEFANO -- Multi-Sponsored by -- M. of A. RAMOS, SIMON -- 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "health care professional transparency act". 3 § 2. The education law is amended by adding a new section 6511-a to 4 read as follows: 5 § 6511-a. Health care professional transparency. 1. Definitions. For 6 purposes of this section: 7 a. "Advertisement" means any communication or statement, whether 8 printed, electronic or oral, that names the health care practitioner in 9 relation to his or her practice, profession, or institution in which the 10 individual is employed, volunteers or otherwise provides health care 11 services. Advertisement includes, but is not limited to, business cards, 12 letterhead, patient brochures, e-mail, internet, audio and video and any 13 other communication or statement used in the course of business. 14 b. "Deceptive" or "misleading" means, but is not limited to, any 15 advertisement or affirmative communication or representation that 16 misstates, falsely describes, holds out or falsely details the health 17 care practitioner's profession, skills, training, expertise, education, 18 board certification or licensure. 19 c. "Health care practitioner" means a person who is licensed, certi- 20 fied or registered pursuant to this title and who provides health care 21 services such as providing direct clinical services for the benefit of 22 the health and/or mental health of a patient. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01759-01-3A. 2284 2 1 2. Advertisement requirements. a. An advertisement for health care 2 services that names a health care practitioner must specify the title 3 such practitioner is authorized to use pursuant to this title. The 4 advertisement shall be free from any and all deceptive or misleading 5 information. 6 b. A health care practitioner providing health care services in this 7 state must conspicuously post and affirmatively communicate the practi- 8 tioner's specific licensure in accordance with this section. This shall 9 consist of the following: 10 (1) The health care practitioner shall wear a photo identification 11 name tag during all patient encounters that shall include (i) the prac- 12 titioner's name; and (ii) large bold lettering which specifies the type 13 of license held by the practitioner. The name tag shall be of suffi- 14 cient size and be worn in a conspicuous manner so as to be readily iden- 15 tifiable; and 16 (2) Registration certificates issued by the department shall be 17 conspicuously displayed by each health care practitioner in each office 18 in which such person practices. In instances where health care practi- 19 tioners regularly practice at more than one office, registration certif- 20 icates shall be obtained and conspicuously displayed for each office 21 bearing the health care practitioner's name and the exact address of 22 each such office. Where practice is carried on in other than individual 23 offices or settings, each health care practitioner shall have a current 24 registration certificate available for inspection at all times. 25 c. The requirements of paragraph b of this subdivision shall only 26 apply to offices where four or more health care practitioners provide 27 health care services. 28 § 3. Section 6509 of the education law is amended by adding a new 29 subdivision 15 to read as follows: 30 (15) Except for the advertisement requirement in subparagraph one of 31 paragraph b of subdivision two of section sixty-five hundred eleven-a of 32 this subarticle, failing to comply with advertisement requirements in 33 such section. 34 § 4. Section 6530 of the education law is amended by adding a new 35 subdivision 51 to read as follows: 36 51. Except for the advertisement requirement in subparagraph one of 37 paragraph b of subdivision two of section sixty-five hundred eleven-a of 38 this title, failing to comply with advertisement requirements in such 39 section. 40 § 5. This act shall take effect on the one hundred eightieth day 41 after it shall have become a law.