Bill Text: NY S09214 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the health care professional transparency act; prohibits health care professionals from using deceptive or misleading advertising; establishes a public awareness campaign to improve transparency and understanding of information about health care practitioners.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-05-21 - REPORTED AND COMMITTED TO FINANCE [S09214 Detail]

Download: New_York-2023-S09214-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9214

                    IN SENATE

                                       May 6, 2024
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed 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 People of the State of New York hereby find and declare that:
     4    1.  There  are  numerous  professional  degrees  that include the term
     5  "doctor," such as  Doctor  of  Medicine  (M.D.);  Doctor  of  Osteopathy
     6  (D.O.);  Doctor  of  Osteopathic  Medicine;  Doctor  of  Dental  Surgery
     7  (D.D.S.); Doctor of Dental Medicine (D.M.D.); Doctor of Podiatric  Medi-
     8  cine  (D.P.M.);  Doctor  of  Optometry  (O.D.);  Doctor  of Chiropractic
     9  (D.C.); registered professional nurses or advanced  practice  registered
    10  nurses, nurse practitioners, clinical nurse specialists, certified nurse
    11  midwives,  and  certified  nurse  anesthetists  with  doctorate  degrees
    12  (D.N.P., D.N.S., Ph.D., or Ed.D.); audiologists with  doctorate  degrees
    13  (A.U.D.);  speech-language pathologists with doctorate degrees (S.L.P.D.
    14  or Ph.D.); and other designations, which may  be  used  by  health  care
    15  practitioners; and
    16    2.  Each health care professional receives education and training that
    17  qualifies them to provide general and specialized services respectively.
    18  This training is necessary to correctly detect, diagnose,  prevent,  and
    19  treat serious health conditions.
    20    §  3.  The  education law is amended by adding a new section 6511-a to
    21  read as follows:
    22    § 6511-a. Health care professional transparency.  1. Definitions.  For
    23  purposes of this section:
    24    a.  "Advertisement"  means  any  communication  or  statement, whether
    25  printed, electronic or oral, that names the health care practitioner  in
    26  relation  to such practitioner's practice, profession, or institution in
    27  which the individual  is  employed,  volunteers  or  otherwise  provides
    28  health  care  services.  Advertisement  includes, but is not limited to,
    29  business cards, letterhead, patient brochures, e-mail, internet,  social
    30  media,  audio and video and any other communication or statement used in
    31  the course of business or where the health care professional is  utiliz-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14961-01-4
        S. 9214                             2

     1  ing  a  professional  degree  or  license  to influence opinion or infer
     2  expertise.
     3    b. "Clinical setting" means any location, whether physical or virtual,
     4  in which a person is evaluated, diagnosed, counseled, or treated for any
     5  disease, defect, or injury.
     6    c.  "Deceptive"  or  "misleading"  means,  but  is not limited to, any
     7  advertisement  or  affirmative  communication  or  representation   that
     8  misstates,  falsely  describes,  holds out or falsely details the health
     9  care practitioner's profession, training, education, board certification
    10  or licensure.
    11    d. "Health care practice or facility" means a facility licensed  under
    12  or  regulated  by  the  department  of  health, office of mental health,
    13  office of addiction services and supports, office for people with devel-
    14  opmental  disabilities,  and/or  private   practitioner   office   where
    15  licensed,  registered,  or  certified  practitioners provide health care
    16  services for the benefit  of  the  health  and/or  mental  health  of  a
    17  patient.
    18    e.  "Health  care practitioner" means a person who is licensed, certi-
    19  fied or registered pursuant to this title and who provides  health  care
    20  services  such  as providing direct clinical services for the benefit of
    21  the health and/or mental health of a patient.
    22    f. "Medical or medical specialty title" means any  title  that  origi-
    23  nates  from  or is a derivation of specialty or subspecialty training or
    24  certification attained by a physician through completion  of  nationally
    25  accredited  medical  education  culminating  in  a Doctor of Medicine or
    26  Doctor of Osteopathic Medicine degree; completion of a physician intern-
    27  ship, residency, or fellowship  training  program;  or  any  combination
    28  thereof.
    29    g. "Patient encounter" means any direct communication between a health
    30  care  practitioner  and  a  patient and/or patient's representative in a
    31  clinical setting including telehealth as defined under  section  twenty-
    32  nine hundred ninety-nine-cc of the public health law.
    33    2.  Advertisement  requirements.  a.  An advertisement for health care
    34  services that names a health care practitioner shall only use the  title
    35  such  practitioner  is  authorized  to use pursuant to this title.  Such
    36  advertisement  shall  include  such  practitioner's  licensure,  certif-
    37  ication,  and/or registration provided under this title, profession such
    38  as physician, physician  assistant,  nurse  practitioner,  or  other  as
    39  provided  pursuant to this title, and board certification where applica-
    40  ble. Any reference to medical  board  certification  shall  comply  with
    41  paragraph  d  of this subdivision and shall state the full name of board
    42  certification and the full name of the certifying body.  The  advertise-
    43  ment shall be free from any and all deceptive or misleading information.
    44    b.  A  health care practitioner providing health care services in this
    45  state shall conspicuously post and affirmatively communicate the practi-
    46  tioner's specific licensure in accordance with this section. This  shall
    47  consist of the following:
    48    (1)  The  health  care  practitioner shall wear a photo identification
    49  name tag during all patient encounters that shall include (i) the  prac-
    50  titioner's  full name; and (ii) large bold lettering which specifies the
    51  authorized professional title, licensure, certification,  and/or  regis-
    52  tration  pursuant to this title, profession such as physician, physician
    53  assistant, nurse practitioner or  nurse  in  accordance  with  licensing
    54  statutes  as  provided  in  this  title,  and board certification, where
    55  applicable.  Any description of medical board certification shall comply
    56  with paragraph d of this subdivision. The name tag shall  be  of  suffi-
        S. 9214                             3

     1  cient size and be worn in a conspicuous manner so as to be readily iden-
     2  tifiable;
     3    (2)  A  health care practitioner who is not a physician shall verbally
     4  identify themselves using their profession pursuant to this title during
     5  each patient encounter in a clinical setting. A health care practitioner
     6  who holds a doctoral degree and identifies  themselves  with  the  title
     7  "doctor"  while  in a clinical setting shall clearly state that they are
     8  not a medical doctor or physician;
     9    (3) No person may use the title of or verbally identify themselves  as
    10  a  "resident" unless the person is a graduate of a medical school and is
    11  receiving graduate medical training;
    12    (4)(i) A health care practitioner shall upon a patient's  first  visit
    13  and  annually thereafter verbally and in writing communicate the follow-
    14  ing:   (A)  such  practitioner's  full  name,  (B)  such  practitioner's
    15  license, certification or registration to ensure the patient is aware of
    16  who is providing care at the time of the encounter and that individual's
    17  licensure  status and profession, (C) board certification where applica-
    18  ble, as defined in paragraph d of this subdivision, (D) the same  infor-
    19  mation for other practitioners in the same practice or department as the
    20  health care practitioner who they may see, and (E) a link to the website
    21  for the New York state physician profile, and if the health care practi-
    22  tioner  is  not  a  physician,  a link to the state education department
    23  license verification website.
    24    (ii) The requirements of this subparagraph shall not apply (A) when  a
    25  health care practitioner provides a health care service to a patient but
    26  does not participate in a patient encounter or otherwise directly commu-
    27  nicate or interact with a patient in person or by audio or video modali-
    28  ty  regarding that health care service, or (B) in an emergency situation
    29  when immediate or life-saving treatment is required to avoid severe harm
    30  to a patient; and
    31    (5) Where a health care practitioner provides a health care service to
    32  a patient via a video modality,  such  practitioner  shall  display  the
    33  practitioner's  profession  pursuant  to  this title on the video screen
    34  throughout the patient encounter.
    35    c.   Registration certificates  issued  by  the  department  shall  be
    36  conspicuously  displayed by each health care practitioner in each office
    37  in which such person practices. In instances where health  care  practi-
    38  tioners regularly practice at more than one office, registration certif-
    39  icates  shall  be  obtained  and conspicuously displayed for each office
    40  bearing the health care practitioner's name and  the  exact  address  of
    41  each  such office. Where practice is carried on in other than individual
    42  offices or settings, each health care practitioner shall have a  current
    43  registration certificate available for inspection at all times.
    44    d.  (1)  No  health care professional shall hold themselves out to the
    45  public, patients, or their representatives in any manner as being certi-
    46  fied by a public or private medical board including but not limited to a
    47  multidisciplinary board or "board  certified",  as  a  "diplomate  of  a
    48  certifying  body",  or  as  a "member" of a certifying body, unless such
    49  board (i) requires successful completion  of  a  correlating,  dedicated
    50  postgraduate  training program approved by the Accreditation Council for
    51  Graduate Medical Education (ACGME) or the American  Osteopathic  Associ-
    52  ation  (AOA) that provides complete training in the specialty or subspe-
    53  cialty certified and  (ii)  conducts  an  assessment  of  a  candidate's
    54  mastery  of  the  core  knowledge, judgment, and skills against rigorous
    55  standards in the specialty or subspecialty through a certification exam-
        S. 9214                             4

     1  ination that is initially taken by the candidate  no  later  than  seven
     2  years post-training.
     3    (2)  For  purposes of this paragraph, "correlating dedicated postgrad-
     4  uate training program" refers only to programs that provide a minimum of
     5  three years of experience training in a single, specific  specialty  and
     6  lead  to  certification  in  that specialty and, if pursued, provide one
     7  additional year experience training for any  subspecialty  certification
     8  granted.
     9    e.  No  health care professional shall include or reference medical or
    10  medical specialty titles, either alone or in  combination  with  others,
    11  unless such health care practitioner is a physician licensed pursuant to
    12  this chapter.
    13    f.  The requirements of subparagraph one of paragraph b of this subdi-
    14  vision  shall  only apply to offices where there is more than one health
    15  care practitioner providing health care services.
    16    3. Public awareness campaign. a. The department, in consultation  with
    17  the department of health and with sufficient amounts appropriated there-
    18  for,  shall  administer a statewide public awareness campaign to improve
    19  transparency and understanding of information about health care  practi-
    20  tioners.  Such  campaign  shall provide information to educate patients,
    21  prospective patients, and the general public about the  different  types
    22  of  health  care  practitioners who deliver or may deliver their care in
    23  all delivery settings. For each health care practitioner profession, the
    24  campaign shall provide information including but not limited to:
    25    (1) licensure, certification, or registration requirements;
    26    (2) education and training requirements;
    27    (3) board certification requirements, where  applicable,  and  how  to
    28  find out whether an individual practitioner is board certified;
    29    (4)  relevant websites where information about health care professions
    30  is publicly available; and
    31    (5) contact information for New  York  state  and  federal  government
    32  offices  that provide licensure, certification, or registration informa-
    33  tion, and/or review and adjudicate complaints  of  misconduct  or  other
    34  non-compliance by health care practitioners.
    35    b.  The commissioner or the commissioner's designee may consider input
    36  on the public  awareness  campaign  from  medical  specialty  societies,
    37  consumer  representatives,  and other community organizations and stake-
    38  holders.
    39    § 4. Section 6509 of the education law is  amended  by  adding  a  new
    40  subdivision 15 to read as follows:
    41    (15)  Except  for the advertisement requirement in subparagraph one of
    42  paragraph b of subdivision two of section sixty-five hundred eleven-a of
    43  this subarticle, failing to comply with  advertisement  requirements  in
    44  such section.
    45    §  5.  Section  6530  of  the education law is amended by adding a new
    46  subdivision 51 to read as follows:
    47    51. Except for the advertisement requirement in  subparagraph  one  of
    48  paragraph b of subdivision two of section sixty-five hundred eleven-a of
    49  this  title,  failing  to comply with advertisement requirements in such
    50  section.
    51    § 6. This act shall take effect on the one hundred twentieth day after
    52  it shall have become a law.  Effective immediately, the addition, amend-
    53  ment and/or repeal of any rule or regulation necessary for the implemen-
    54  tation of this act on its effective date are authorized to be  made  and
    55  completed on or before such effective date.