Bill Text: NY A07129 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A07129 Detail]

Download: New_York-2015-A07129-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7129
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 24, 2015
                                      ___________
       Introduced by M. of A. STIRPE -- 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    S 2. The education law is amended by adding a new  section  6511-a  to
    4  read as follows:
    5    S  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  BUSINESS  CARDS, LETTERHEAD, PATIENT
   12  BROCHURES, E-MAIL, INTERNET, AUDIO AND VIDEO AND ANY OTHER COMMUNICATION
   13  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.
   21    2.  ADVERTISEMENT  REQUIREMENTS.  A.  AN ADVERTISEMENT FOR HEALTH CARE
   22  SERVICES THAT NAMES A HEALTH CARE PRACTITIONER MUST IDENTIFY THE TYPE OF
   23  LICENSE HELD PURSUANT TO THE DEFINITIONS UNDER THIS SECTION. THE  ADVER-
   24  TISEMENT SHALL BE FREE FROM ANY AND ALL DECEPTIVE OR MISLEADING INFORMA-
   25  TION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06721-01-5
       A. 7129                             2
    1    B.  A  MEDICAL  DOCTOR  OR DOCTOR OF OSTEOPATHIC MEDICINE MAY NOT HOLD
    2  ONESELF OUT TO THE PUBLIC IN ANY MANNER AS BEING CERTIFIED BY  A  PUBLIC
    3  OR  PRIVATE  BOARD,  INCLUDING,  BUT NOT LIMITED TO, A MULTIDISCIPLINARY
    4  BOARD, OR "BOARD CERTIFIED," UNLESS ALL OF THE  FOLLOWING  CRITERIA  ARE
    5  SATISFIED:
    6    (1) THE ADVERTISEMENT STATES THE FULL NAME OF THE CERTIFYING BOARD.
    7    (2) THE BOARD EITHER:
    8    (I)  IS A MEMBER BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR
    9  THE AMERICAN OSTEOPATHIC ASSOCIATION; OR
   10    (II) REQUIRES SUCCESSFUL COMPLETION OF A POSTGRADUATE TRAINING PROGRAM
   11  APPROVED BY THE ACCREDITATION COMMISSION FOR GRADUATE MEDICAL  EDUCATION
   12  OR  THE AMERICAN OSTEOPATHIC ASSOCIATION THAT PROVIDES COMPLETE TRAINING
   13  IN THE SPECIALTY OR SUBSPECIALTY  CERTIFIED,  FOLLOWED  BY  PREREQUISITE
   14  CERTIFICATION  BY  THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR AMERICAN
   15  OSTEOPATHIC ASSOCIATION  BOARD  FOR  THAT  TRAINING  FIELD  AND  FURTHER
   16  SUCCESSFUL  COMPLETION  OF  EXAMINATION IN THE SPECIALTY OR SUBSPECIALTY
   17  CERTIFIED.
   18    C. A HEALTH CARE PRACTITIONER PROVIDING HEALTH CARE SERVICES  IN  THIS
   19  STATE  MUST CONSPICUOUSLY POST AND AFFIRMATIVELY COMMUNICATE THE PRACTI-
   20  TIONER'S SPECIFIC LICENSURE IN ACCORDANCE WITH THIS SECTION. THIS  SHALL
   21  CONSIST OF THE FOLLOWING:
   22    (1)  THE  HEALTH  CARE  PRACTITIONER SHALL WEAR A PHOTO IDENTIFICATION
   23  NAME TAG DURING ALL PATIENT ENCOUNTERS THAT SHALL INCLUDE (I) THE  PRAC-
   24  TITIONER'S  NAME;  (II) LARGE BOLD LETTERING WHICH SPECIFIES THE TYPE OF
   25  LICENSE HELD BY THE PRACTITIONER; AND (III) THE EXPIRATION DATE  OF  THE
   26  LICENSE.  THE  NAME  TAG  SHALL  BE  OF SUFFICIENT SIZE AND BE WORN IN A
   27  CONSPICUOUS MANNER SO AS TO BE VISIBLE AND APPARENT; AND
   28    (2) THE HEALTH CARE PRACTITIONER SHALL DISPLAY IN HIS OR HER OFFICE  A
   29  DOCUMENT  THAT CLEARLY IDENTIFIES THE TYPE OF LICENSE HELD BY THE HEALTH
   30  CARE PRACTITIONER. THE WRITING SHALL BE OF SUFFICIENT SIZE SO AS  TO  BE
   31  VISIBLE AND APPARENT TO ALL CURRENT AND PROSPECTIVE PATIENTS.
   32    D.  A  HEALTH  CARE PRACTITIONER WHO PRACTICES IN MORE THAN ONE OFFICE
   33  SHALL BE REQUIRED TO COMPLY WITH THESE  REQUIREMENTS  IN  EACH  PRACTICE
   34  SETTING.
   35    S  2.  Section  6509  of  the education law is amended by adding a new
   36  subdivision 15 to read as follows:
   37    (15) FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION  REQUIRE-
   38  MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS ARTICLE.
   39    S  3.  Section  6530  of  the education law is amended by adding a new
   40  subdivision 50 to read as follows:
   41    50.  FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION  REQUIRE-
   42  MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS TITLE.
   43    S 4. This act shall take effect immediately.