Bill Text: NY A08410 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 8410 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-05-02 - print number 8410a [A08410 Detail]

Download: New_York-2011-A08410-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8410
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 15, 2011
                                      ___________
       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Higher Education
       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:
    1    Section 1. Section 6509 of the education law is amended  by  adding  a
    2  new subdivision 15 to read as follows:
    3    (15) FAILURE TO SPECIFY, IN ADVERTISEMENTS INFORMING THE PUBLIC OF THE
    4  AVAILABILITY  OF  THEIR  PROFESSIONAL  SERVICES,  THE  TITLE AND TYPE OF
    5  LICENSE, REGISTRATION OR  CERTIFICATE  CONFERRED  TO  SUCH  HEALTH  CARE
    6  PROFESSIONAL  PURSUANT  TO  TITLE  EIGHT  OF  THE EDUCATION LAW. FOR THE
    7  PURPOSES  OF  THIS   SECTION,   "ADVERTISEMENT"   INCLUDES   BILLBOARDS,
    8  BROCHURES,  PAMPHLETS,  RADIO  AND TELEVISION SCRIPTS, ELECTRONIC MEDIA,
    9  PRINTED TELEPHONE DIRECTORIES, TELEPHONE AND DIRECT  MAIL  SOLICITATIONS
   10  AND  ANY  OTHER  MEANS  OF  PROMOTION INTENDED TO DIRECTLY OR INDIRECTLY
   11  INDUCE ANY PERSON TO ENTER INTO  AN  AGREEMENT  FOR  SERVICES  WITH  THE
   12  HEALTH PROFESSIONAL.
   13    S  2.  Subparagraphs (vi) and (vii) of paragraph (a) of subdivision 27
   14  of section 6530 of the education law, as added by  chapter  606  of  the
   15  laws of 1991, are amended and a new subparagraph (viii) is added to read
   16  as follows:
   17    (vi) makes claims of professional superiority which cannot be substan-
   18  tiated by the licensee, who shall have the burden of proof; [or]
   19    (vii)  offers bonuses or inducements in any form other than a discount
   20  or reduction in an established fee or price for a  professional  service
   21  or product[.]; OR
   22    (VIII)  FAILS TO PROPERLY IDENTIFY LICENSURE AND SPECIALTY CREDENTIALS
   23  IN ADVERTISEMENTS INFORMING  THE  PUBLIC  OF  THE  AVAILABILITY  OF  THE
   24  LICENSEE'S PROFESSIONAL SERVICES. FOR PURPOSES OF THIS SECTION, THE TERM
   25  SPECIALTY  CREDENTIALS  SHALL MEAN BOARD CERTIFICATION BY A MEMBER BOARD
   26  OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES  OR  CERTIFICATION  BY  THE
   27  AMERICAN OSTEOPATHIC ASSOCIATION.
   28    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13021-01-1