Bill Text: NY A02284 | 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.

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Introduced) 2024-01-03 - referred to higher education [A02284 Detail]

Download: New_York-2023-A02284-Introduced.html

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                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.
                                                                   LBD01759-01-3
        A. 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.