S T A T E O F N E W Y O R K
________________________________________________________________________
2250
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to restricting the
use of the title "doctor" in advertisements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 350-b of the general business law,
2 as amended by chapter 159 of the laws of 1991, is amended to read as
3 follows:
4 1. Any person who uses the title "doctor" in making representations
5 for the purpose of inducing, or which are likely to induce, directly or
6 indirectly, the purchase of (a) drugs, devices or cosmetics, as defined
7 in section sixty-eight hundred two of the education law, or (b) other
8 goods or services intended to diagnose, treat, mitigate, prevent or cure
9 any human disease, pain, injury, deformity, nutritional deficiency or
10 physical condition, or which are intended to appear to the purchaser of
11 such goods or services to have done so, SHALL HAVE A DEGREE IN MEDICINE,
12 DENTISTRY, CHIROPRACTIC, VETERINARY MEDICINE, PODIATRY OR OPTOMETRY AND
13 SHALL HAVE MET ALL PROFESSIONAL REQUIREMENTS OF THE APPROPRIATE PROGRAM
14 REGISTERED BY THE NEW YORK STATE DEPARTMENT OF EDUCATION OR ACCREDITED
15 BY AN ACCREDITING ORGANIZATION ACCEPTABLE TO SUCH DEPARTMENT OR OTHER-
16 WISE LICENSED TO PRACTICE IN THE STATE OF NEW YORK AND shall conspicu-
17 ously disclose the profession in which he or she is licensed[, except
18 that, where no license is required by the department of education, such
19 person shall conspicuously disclose the major subject in which the
20 degree was earned and the name of the institution that issued the degree
21 provided, however, that such person shall be prohibited from using the
22 title "doctor" unless the degree was conferred by an institution of
23 higher education authorized by law to confer doctoral degrees in the
24 state where it is located]. For the purposes of this section, "conspicu-
25 ously" shall mean equally in size, type or prominence and positioned
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07116-01-1
S. 2250 2
1 adjacent to the title "doctor". The requirements of this subdivision
2 supplement, and shall not be construed to limit, the obligations of
3 health professionals pursuant to the education law and regulations ther-
4 eunder, nor shall they be construed to authorize the practice of any
5 licensed profession nor the offer of professional services by any unli-
6 censed person.
7 S 2. This act shall take effect immediately.