Bill Text: NY A07129 | 2015-2016 | General Assembly | Amended
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-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7129--D
2015-2016 Regular Sessions
I N A S S E M B L Y
April 24, 2015
___________
Introduced by M. of A. STIRPE, SCHIMEL, TITONE, LAVINE, BRINDISI,
ABINANTI, RYAN, JAFFEE -- Multi-Sponsored by -- M. of A. DUPREY, HOOP-
ER, LUPINACCI, STECK -- read once and referred to the Committee on
Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee -- again reported from said committee with
amendments, ordered reprinted as amended and recommitted to said
committee
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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06721-12-5
A. 7129--D 2
1 CARE PRACTITIONER'S PROFESSION, SKILLS, TRAINING, EXPERTISE, EDUCATION,
2 BOARD CERTIFICATION OR LICENSURE.
3 C. "HEALTH CARE PRACTITIONER" MEANS A PERSON WHO IS LICENSED, CERTI-
4 FIED OR REGISTERED PURSUANT TO THIS TITLE AND WHO PROVIDES HEALTH CARE
5 SERVICES SUCH AS PROVIDING DIRECT CLINICAL SERVICES FOR THE BENEFIT OF
6 THE HEALTH AND/OR MENTAL HEALTH OF A PATIENT.
7 2. ADVERTISEMENT REQUIREMENTS. A. AN ADVERTISEMENT FOR HEALTH CARE
8 SERVICES THAT NAMES A HEALTH CARE PRACTITIONER MUST SPECIFY THE TITLE
9 SUCH PRACTITIONER IS AUTHORIZED TO USE PURSUANT TO THIS TITLE. THE
10 ADVERTISEMENT SHALL BE FREE FROM ANY AND ALL DECEPTIVE OR MISLEADING
11 INFORMATION.
12 B. A HEALTH CARE PRACTITIONER PROVIDING HEALTH CARE SERVICES IN THIS
13 STATE MUST CONSPICUOUSLY POST AND AFFIRMATIVELY COMMUNICATE THE PRACTI-
14 TIONER'S SPECIFIC LICENSURE IN ACCORDANCE WITH THIS SECTION. THIS SHALL
15 CONSIST OF THE FOLLOWING:
16 (1) THE HEALTH CARE PRACTITIONER SHALL WEAR A PHOTO IDENTIFICATION
17 NAME TAG DURING ALL PATIENT ENCOUNTERS THAT SHALL INCLUDE (I) THE PRAC-
18 TITIONER'S NAME; AND (II) LARGE BOLD LETTERING WHICH SPECIFIES THE TYPE
19 OF LICENSE HELD BY THE PRACTITIONER. THE NAME TAG SHALL BE OF SUFFI-
20 CIENT SIZE AND BE WORN IN A CONSPICUOUS MANNER SO AS TO BE READILY IDEN-
21 TIFIABLE; AND
22 (2) REGISTRATION CERTIFICATES ISSUED BY THE DEPARTMENT SHALL BE
23 CONSPICUOUSLY DISPLAYED BY EACH HEALTH CARE PRACTITIONER IN EACH OFFICE
24 IN WHICH SUCH PERSON PRACTICES. IN INSTANCES WHERE HEALTH CARE PRACTI-
25 TIONERS REGULARLY PRACTICE AT MORE THAN ONE OFFICE, REGISTRATION CERTIF-
26 ICATES SHALL BE OBTAINED AND CONSPICUOUSLY DISPLAYED FOR EACH OFFICE
27 BEARING THE HEALTH CARE PRACTITIONER'S NAME AND THE EXACT ADDRESS OF
28 EACH SUCH OFFICE. WHERE PRACTICE IS CARRIED ON IN OTHER THAN INDIVIDUAL
29 OFFICES OR SETTINGS, EACH HEALTH CARE PRACTITIONER SHALL HAVE A CURRENT
30 REGISTRATION CERTIFICATE AVAILABLE FOR INSPECTION AT ALL TIMES.
31 C. THE REQUIREMENTS OF PARAGRAPH B OF THIS SUBDIVISION SHALL ONLY
32 APPLY TO OFFICES WHERE FOUR OR MORE HEALTH CARE PRACTITIONERS PROVIDE
33 HEALTH CARE SERVICES.
34 S 3. Section 6509 of the education law is amended by adding a new
35 subdivision 15 to read as follows:
36 (15) 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 SUBARTICLE, FAILING TO COMPLY WITH ADVERTISEMENT REQUIREMENTS IN
39 SUCH SECTION.
40 S 4. Section 6530 of the education law is amended by adding a new
41 subdivision 50 to read as follows:
42 50. EXCEPT FOR THE ADVERTISEMENT REQUIREMENT IN SUBPARAGRAPH ONE OF
43 PARAGRAPH B OF SUBDIVISION TWO OF SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF
44 THIS TITLE, FAILING TO COMPLY WITH ADVERTISEMENT REQUIREMENTS IN SUCH
45 SECTION.
46 S 5. This act shall take effect on the one hundred eightieth day
47 after it shall have become a law.
