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.
