Bill Text: NY S05870 | 2017-2018 | General Assembly | Amended

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Bill Title: Enacts the health care professional transparency act; prohibits health care professionals from using deceptive or misleading advertising.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05870 Detail]

Download: New_York-2017-S05870-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5870--A
            Cal. No. 1114
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 4, 2017
                                       ___________
        Introduced  by  Sens.  GRIFFO, AVELLA, DeFRANCISCO, PARKER -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Higher Education -- recommitted to the Committee on  Higher  Educa-
          tion  in  accordance  with Senate Rule 6, sec. 8 -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04735-02-8
        S. 5870--A                          2
     1  services such as providing direct clinical services for the  benefit  of
     2  the health and/or mental health of a patient.
     3    d. "ABMS" means the American Board of Medical Specialties.
     4    e. "AOA" means the American Osteopathic Association.
     5    f. "ACGME" means the Accreditation Council for Graduate Medical Educa-
     6  tion.
     7    2.  Advertisement  requirements.  a.  An advertisement for health care
     8  services that names a health care practitioner must identify the type of
     9  license held pursuant to this title.   The advertisement shall  be  free
    10  from any and all deceptive or misleading information.
    11    b.  A physician licensed pursuant to article one hundred thirty-one of
    12  this  title  shall  not  hold oneself out to the public in any manner as
    13  being certified by a public or private board including, but not  limited
    14  to,  any  multidisciplinary  board, unless all of the following criteria
    15  are satisfied:
    16    (1) The advertisement states the full name of the certifying board;
    17    (2) The certification is accurate, current and in good standing;
    18    (3) The terms "board eligible,"  "board  qualified,"  or  any  similar
    19  words or phrases intended to convey the same meaning are not used; and
    20    (4) The board either:
    21    (i) is a member of the ABMS or AOA; or
    22    (ii)  is  a  non-ABMS  or AOA board that requires as prerequisites for
    23  issuing certification:
    24    (A) Successful passage of a postgraduate training program approved  by
    25  the ACGME or the AOA that provides complete training in the specialty or
    26  subspecialty certified by the non-ABMS or AOA board;
    27    (B)  Certification by an ABMS or AOA board covering the training field
    28  that provides complete ACGME or AOA-accredited training in the specialty
    29  or subspecialty certified by the non-ABMS or AOA board; and
    30    (C) Successful passage of an examination in the specialty  or  subspe-
    31  cialty certified by the non-ABMS or AOA board.
    32    c.    The  requirements  of paragraph b of this subdivision shall only
    33  apply to offices where four or more health  care  practitioners  provide
    34  health care services.
    35    §  3.  Section  6509  of  the education law is amended by adding a new
    36  subdivision 15 to read as follows:
    37    (15) Except for the advertisement requirement in subparagraph  one  of
    38  paragraph b of subdivision two of section sixty-five hundred eleven-a of
    39  this  subarticle,  failing  to comply with advertisement requirements in
    40  such section.
    41    § 4. Section 6530 of the education law is  amended  by  adding  a  new
    42  subdivision 50 to read as follows:
    43    50.  Except  for  the advertisement requirement in subparagraph one of
    44  paragraph b of subdivision two of section sixty-five hundred eleven-a of
    45  this title, failing to comply with advertisement  requirements  in  such
    46  section.
    47    §  5.    This  act  shall take effect on the one hundred eightieth day
    48  after it shall have become a law.