S T A T E O F N E W Y O R K
________________________________________________________________________
7129--A
2015-2016 Regular Sessions
I N A S S E M B L Y
April 24, 2015
___________
Introduced by M. of A. STIRPE, SCHIMEL, TITONE, LAVINE, BRINDISI,
ABINANTI, RYAN -- Multi-Sponsored by -- M. of A. LUPINACCI, STECK --
read once and referred to the Committee on Higher Education -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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 S 2. The education law is amended by adding a new section 6511-a to
4 read as follows:
5 S 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 BUSINESS CARDS, LETTERHEAD, PATIENT
12 BROCHURES, E-MAIL, INTERNET, AUDIO AND VIDEO AND ANY OTHER COMMUNICATION
13 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.
21 2. ADVERTISEMENT REQUIREMENTS. A. AN ADVERTISEMENT FOR HEALTH CARE
22 SERVICES THAT NAMES A HEALTH CARE PRACTITIONER MUST IDENTIFY THE TYPE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06721-03-5
A. 7129--A 2
1 LICENSE HELD PURSUANT TO THE DEFINITIONS UNDER THIS SECTION. THE ADVER-
2 TISEMENT SHALL BE FREE FROM ANY AND ALL DECEPTIVE OR MISLEADING INFORMA-
3 TION.
4 B. A HEALTH CARE PRACTITIONER PROVIDING HEALTH CARE SERVICES IN THIS
5 STATE MUST CONSPICUOUSLY POST AND AFFIRMATIVELY COMMUNICATE THE PRACTI-
6 TIONER'S SPECIFIC LICENSURE IN ACCORDANCE WITH THIS SECTION. THIS SHALL
7 CONSIST OF THE FOLLOWING:
8 (1) THE HEALTH CARE PRACTITIONER SHALL WEAR A PHOTO IDENTIFICATION
9 NAME TAG DURING ALL PATIENT ENCOUNTERS THAT SHALL INCLUDE (I) THE PRAC-
10 TITIONER'S NAME; (II) LARGE BOLD LETTERING WHICH SPECIFIES THE TYPE OF
11 LICENSE HELD BY THE PRACTITIONER; AND (III) THE EXPIRATION DATE OF THE
12 LICENSE. THE NAME TAG SHALL BE OF SUFFICIENT SIZE AND BE WORN IN A
13 CONSPICUOUS MANNER SO AS TO BE VISIBLE AND APPARENT; AND
14 (2) THE HEALTH CARE PRACTITIONER SHALL DISPLAY IN HIS OR HER OFFICE A
15 DOCUMENT THAT CLEARLY IDENTIFIES THE TYPE OF LICENSE HELD BY THE HEALTH
16 CARE PRACTITIONER. THE WRITING SHALL BE OF SUFFICIENT SIZE SO AS TO BE
17 VISIBLE AND APPARENT TO ALL CURRENT AND PROSPECTIVE PATIENTS. FOR
18 PURPOSES OF THIS SECTION, THE TERM OFFICE DOES NOT APPLY TO ANY PART OF
19 A GENERAL HOSPITAL AS THAT TERM IS DEFINED IN SUBDIVISION TEN OF SECTION
20 TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
21 C. A HEALTH CARE PRACTITIONER WHO PRACTICES IN MORE THAN ONE OFFICE
22 SHALL BE REQUIRED TO COMPLY WITH THESE REQUIREMENTS IN EACH PRACTICE
23 SETTING.
24 S 3. Section 6509 of the education law is amended by adding a new
25 subdivision 15 to read as follows:
26 (15) FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION REQUIRE-
27 MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS ARTICLE.
28 S 4. Section 6530 of the education law is amended by adding a new
29 subdivision 50 to read as follows:
30 50. FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION REQUIRE-
31 MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS TITLE.
32 S 5. This act shall take effect immediately.