Requires the specification of health professional's credentials in advertisements for such health professional's services.

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A8410A-2011 Actions

• May 2, 2012: print number 8410a
• May 2, 2012: amend and recommit to higher education
• Jan 4, 2012: referred to higher education
• Jun 15, 2011: referred to higher education

A8410A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   8410--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                June 15, 2011
                                 ___________

  Introduced by M. of A. MORELLE, SCHIMEL, P. RIVERA, BROOK-KRASNY, LAVINE
    --  read  once  and  referred  to the Committee on Higher Education --
    recommitted to the Committee on Higher Education  in  accordance  with
    Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
    reprinted as amended and recommitted to said committee

  AN  ACT to amend the education law, in relation to the identification of
    health professional credentials in advertisements

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  6509 of the education law is amended by adding a
  new subdivision 15 to read as follows:

    (15) FAILURE TO SPECIFY, IN ADVERTISEMENTS INFORMING THE PUBLIC OF THE
  AVAILABILITY OF THEIR PROFESSIONAL  SERVICES,  THE  TITLE  AND  TYPE  OF
  LICENSE,  REGISTRATION  OR  CERTIFICATE  CONFERRED  TO  SUCH HEALTH CARE
  PROFESSIONAL PURSUANT TO TITLE EIGHT  OF  THE  EDUCATION  LAW.  FOR  THE
  PURPOSES   OF   THIS   SECTION,   "ADVERTISEMENT"  INCLUDES  BILLBOARDS,
  BROCHURES, PAMPHLETS, RADIO AND TELEVISION  SCRIPTS,  ELECTRONIC  MEDIA,
  PRINTED  TELEPHONE  DIRECTORIES, TELEPHONE AND DIRECT MAIL SOLICITATIONS
  AND ANY OTHER MEANS OF PROMOTION  INTENDED  TO  DIRECTLY  OR  INDIRECTLY
  INDUCE  ANY  PERSON  TO  ENTER  INTO  AN AGREEMENT FOR SERVICES WITH THE
  HEALTH PROFESSIONAL.
    S 2. Subparagraphs (vi) and (vii) of paragraph (a) of  subdivision  27
  of  section  6530  of  the education law, as added by chapter 606 of the
  laws of 1991, are amended and a new subparagraph (viii) is added to read
  as follows:

    (vi) makes claims of professional superiority which cannot be substan-
  tiated by the licensee, who shall have the burden of proof; [or]
    (vii) offers bonuses or inducements in any form other than a  discount
  or  reduction  in an established fee or price for a professional service
  or product[.]; OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13021-02-2

 A. 8410--A                          2

    (VIII) HOLDS ONESELF OUT TO THE PUBLIC IN ANY MANNER AS  BEING  CERTI-
  FIED  BY A PUBLIC OR PRIVATE BOARD INCLUDING BUT NOT LIMITED TO A MULTI-
  DISCIPLINARY BOARD OR "BOARD CERTIFIED," UNLESS  ALL  OF  THE  FOLLOWING
  CRITERIA ARE SATISFIED:

    (1)  THE  FULL NAME OF THE BOARD FROM WHICH THE PHYSICIAN IS CERTIFIED
  AND THE NAME OF THE SPECIALITY OR SUBSPECIALTY IS INCLUDED IN THE ADVER-
  TISEMENT; AND
    (2) THE BOARD MEETS ANY OF THE FOLLOWING QUALIFICATIONS:

    (A) THE BOARD IS A MEMBER BOARD  OF  THE  AMERICAN  BOARD  OF  MEDICAL
  SPECIALTIES  (ABMS)  OR  A  CERTIFYING BOARD OF THE AMERICAN OSTEOPATHIC
  ASSOCIATION (AOA); OR
    (B) THE BOARD HAS BEEN DEEMED EQUIVALENT TO AN ABMS BOARD BY THE STATE
  OF NEW YORK. THE STATE SHALL  APPROVE  A  CERTIFYING  BOARD  UNDER  THIS
  SUBSECTION  AS EQUIVALENT ONLY IF THE CERTIFYING BOARD REQUIRES THAT, IN
  ORDER TO BE CERTIFIED, THE PHYSICIAN HAS COMPLETED A POSTGRADUATE  RESI-
  DENCY  TRAINING PROGRAM THAT PROVIDES COMPLETE TRAINING IN THE SPECIALTY
  OR SUBSPECIALTY BEING CERTIFIED AND THAT IS ACCREDITED BY  THE  ACCREDI-
  TATION COUNCIL FOR GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATH-
  IC  ASSOCIATION,  AND  THE  PHYSICIAN  HAS ACHIEVED CERTIFICATION BY THE
  AMERICAN BOARD OF MEDICAL SPECIALTIES OR  AMERICAN  OSTEOPATHIC  ASSOCI-
  ATION FOLLOWING THAT RESIDENCY; OR
    (C)  THE BOARD REQUIRES SUCCESSFUL COMPLETION OF A POST-GRADUATE RESI-
  DENCY PROGRAM APPROVED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL
  EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION THAT PROVIDES COMPLETE
  TRAINING IN THE SPECIALTY OR SUBSPECIALTY CERTIFIED, AND  PRIOR  CERTIF-
  ICATION BY THE MEMBER BOARD OF THE ABMS OR AOA FOR THAT RESIDENCY.
    S 3. This act shall take effect immediately.