S T A T E O F N E W Y O R K
________________________________________________________________________
8410--A
2011-2012 Regular Sessions
I N A S S E M B L Y
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:
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13021-02-2
A. 8410--A 2
1 (VIII) HOLDS ONESELF OUT TO THE PUBLIC IN ANY MANNER AS BEING CERTI-
2 FIED BY A PUBLIC OR PRIVATE BOARD INCLUDING BUT NOT LIMITED TO A MULTI-
3 DISCIPLINARY BOARD OR "BOARD CERTIFIED," UNLESS ALL OF THE FOLLOWING
4 CRITERIA ARE SATISFIED:
5 (1) THE FULL NAME OF THE BOARD FROM WHICH THE PHYSICIAN IS CERTIFIED
6 AND THE NAME OF THE SPECIALITY OR SUBSPECIALTY IS INCLUDED IN THE ADVER-
7 TISEMENT; AND
8 (2) THE BOARD MEETS ANY OF THE FOLLOWING QUALIFICATIONS:
9 (A) THE BOARD IS A MEMBER BOARD OF THE AMERICAN BOARD OF MEDICAL
10 SPECIALTIES (ABMS) OR A CERTIFYING BOARD OF THE AMERICAN OSTEOPATHIC
11 ASSOCIATION (AOA); OR
12 (B) THE BOARD HAS BEEN DEEMED EQUIVALENT TO AN ABMS BOARD BY THE STATE
13 OF NEW YORK. THE STATE SHALL APPROVE A CERTIFYING BOARD UNDER THIS
14 SUBSECTION AS EQUIVALENT ONLY IF THE CERTIFYING BOARD REQUIRES THAT, IN
15 ORDER TO BE CERTIFIED, THE PHYSICIAN HAS COMPLETED A POSTGRADUATE RESI-
16 DENCY TRAINING PROGRAM THAT PROVIDES COMPLETE TRAINING IN THE SPECIALTY
17 OR SUBSPECIALTY BEING CERTIFIED AND THAT IS ACCREDITED BY THE ACCREDI-
18 TATION COUNCIL FOR GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATH-
19 IC ASSOCIATION, AND THE PHYSICIAN HAS ACHIEVED CERTIFICATION BY THE
20 AMERICAN BOARD OF MEDICAL SPECIALTIES OR AMERICAN OSTEOPATHIC ASSOCI-
21 ATION FOLLOWING THAT RESIDENCY; OR
22 (C) THE BOARD REQUIRES SUCCESSFUL COMPLETION OF A POST-GRADUATE RESI-
23 DENCY PROGRAM APPROVED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL
24 EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION THAT PROVIDES COMPLETE
25 TRAINING IN THE SPECIALTY OR SUBSPECIALTY CERTIFIED, AND PRIOR CERTIF-
26 ICATION BY THE MEMBER BOARD OF THE ABMS OR AOA FOR THAT RESIDENCY.
27 S 3. This act shall take effect immediately.