NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2284
SPONSOR: Stirpe (MS) TITLE OF BILL:
An act to amend the education law, in relation to enacting the health
care professional transparency act
PURPOSE:
To ensure appropriate identification of all health professionals in
their one on one interaction with patients and in their advertisements
to the public.
SUMMARY OF BILL:
This bill creates a new section 6511-a of the Education Law in relation
to Health Care professional transparency to require that an advertise-
ment for health care services that names a health care practitioner must
identify the type of license by that health care professional and
requires that advertisements shall be free from any and all deceptive or
misleading information.
This bill would also prohibit physicians from holding oneself out to the
public in any manner as being certified by a public or private board
including but not limited to a multidisciplinary board or "board certi-
fied", unless all of the advertisement states the full name of the.
certifying board and the board either: is a member board of the American
Board of Medical Specialties (ABMS) or the American Osteopathic Associ-
ation (Am) or requires successful completion of a postgraduate training
program approved by the Accreditation Commission for Graduate Medical
Education (ACGME) or the AOA that provides complete training in the
specialty or subspecialty certified, followed by prerequisite certif-
ication by the ABMS or AOA board for that training field and further
successful completion of examination in the specialty or subspecialty
certified.
The bill also requires a health care practitioner providing health care
services in this state to conspicuously post and affirmatively communi-
cate the practitioner's specific licensure as defined under this section
and specifies that this shall consist of the following:(1) the health
care practitioner shall wear a photo identification name tag during all
patient encounters that shall include (i) the employee's name; (ii)
large bold lettering which specifies the type of license held by the
practitioner; and (iii) the expiration date of the license. The name tag
shall be of sufficient size and be worn in a conspicuous manner so as to
be visible and apparent; and (2) the health care practitioner shall
display in his or her office a writing that clearly identified the type
of license held by the health care practitioner. The writing shall be of
sufficient size so as to be visible and apparent to all current and
prospective patients. This bill also amends Section 6509 of the Educa-
tion Law by adding a new subdivision fifteen (15) to make the failure to
comply with section 6511-A an act of professional misconduct for non-
physician health care professionals.
This bill also amends Section 6530 of the Education Law by adding, a new
subparagraph (50) to make the failure to comply with section 6511-a an
act of professional misconduct for physicians.
JUSTIFICATION:
Current law does not require non-physician providers to specify in their
advertisements the type of license held by such health care profes-
sional. Current law prohibits physicians from making false, fraudulent
and misleading advertisements but does not require physicians to specify
their specialty credentials such as board certification in their adver-
tisements.
Studies conducted by the American Medical Association found patients
confused about the credentials of medical staff overseeing their care.
Results of the study revealed multiple examples of confusion including
67% of respondents believe a podiatrist is a medical doctor, 50% of the
respondents believe that a psychologist is a medical doctor, and 69% of
respondents believe that an ophthalmologist is a medical doctor. This
confusion is exacerbated by advertisements which fail to specify the
title and type of license held by the health professional advertising
his or her services.
Advertisements by health care professionals should assist the public in
discerning the qualifications of a health care professional. This can be
accomplished by requiring advertisements to specify the license held by
the health care professional, and where the professional is a licensed
physician; the advertisement should also specify the board certification
attained by such physician. Clarity in advertising will enhance public
information and decision making on matters affecting an individual's
choice of health professional. Lastly, requiring health care profes-
sionals to wear clearly readable identification badges, a patient can be
properly informed as to the type of provider with whom they are discuss-
ing their care with.
LEGISLATIVE HISTORY:
2011-12: A.8410-A/S.7455 - Referred to Higher Education/Committed to
Rules
2013-14: A.7889/S.5493 - Referred to Higher Education/Committed to Rules
2015-16: A.7129-D - Referred to Higher Education
2017-18: A.560 - Referred to Higher Education
2019-20: A.1154 - Referred to Higher Education
2021-22: A.4394 - Referred to Higher Education
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
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.
