S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4651
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed 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    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
   23  LICENSE  HELD PURSUANT TO THE DEFINITIONS UNDER THIS SECTION. THE ADVER-
   24  TISEMENT SHALL BE FREE FROM ANY AND ALL DECEPTIVE OR MISLEADING INFORMA-
   25  TION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06721-01-5
       S. 4651                             2
    1    B. A MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHIC  MEDICINE  MAY  NOT  HOLD
    2  ONESELF  OUT  TO THE PUBLIC IN ANY MANNER AS BEING CERTIFIED BY A PUBLIC
    3  OR PRIVATE BOARD, INCLUDING, BUT NOT  LIMITED  TO,  A  MULTIDISCIPLINARY
    4  BOARD,  OR  "BOARD  CERTIFIED," UNLESS ALL OF THE FOLLOWING CRITERIA ARE
    5  SATISFIED:
    6    (1) THE ADVERTISEMENT STATES THE FULL NAME OF THE CERTIFYING BOARD.
    7    (2) THE BOARD EITHER:
    8    (I)  IS A MEMBER BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR
    9  THE AMERICAN OSTEOPATHIC ASSOCIATION; OR
   10    (II) REQUIRES SUCCESSFUL COMPLETION OF A POSTGRADUATE TRAINING PROGRAM
   11  APPROVED BY THE ACCREDITATION COMMISSION FOR GRADUATE MEDICAL  EDUCATION
   12  OR  THE AMERICAN OSTEOPATHIC ASSOCIATION THAT PROVIDES COMPLETE TRAINING
   13  IN THE SPECIALTY OR SUBSPECIALTY  CERTIFIED,  FOLLOWED  BY  PREREQUISITE
   14  CERTIFICATION  BY  THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR AMERICAN
   15  OSTEOPATHIC ASSOCIATION  BOARD  FOR  THAT  TRAINING  FIELD  AND  FURTHER
   16  SUCCESSFUL  COMPLETION  OF  EXAMINATION IN THE SPECIALTY OR SUBSPECIALTY
   17  CERTIFIED.
   18    C. A HEALTH CARE PRACTITIONER PROVIDING HEALTH CARE SERVICES  IN  THIS
   19  STATE  MUST CONSPICUOUSLY POST AND AFFIRMATIVELY COMMUNICATE THE PRACTI-
   20  TIONER'S SPECIFIC LICENSURE IN ACCORDANCE WITH THIS SECTION. THIS  SHALL
   21  CONSIST OF THE FOLLOWING:
   22    (1)  THE  HEALTH  CARE  PRACTITIONER SHALL WEAR A PHOTO IDENTIFICATION
   23  NAME TAG DURING ALL PATIENT ENCOUNTERS THAT SHALL INCLUDE (I) THE  PRAC-
   24  TITIONER'S  NAME;  (II) LARGE BOLD LETTERING WHICH SPECIFIES THE TYPE OF
   25  LICENSE HELD BY THE PRACTITIONER; AND (III) THE EXPIRATION DATE  OF  THE
   26  LICENSE.  THE  NAME  TAG  SHALL  BE  OF SUFFICIENT SIZE AND BE WORN IN A
   27  CONSPICUOUS MANNER SO AS TO BE VISIBLE AND APPARENT; AND
   28    (2) THE HEALTH CARE PRACTITIONER SHALL DISPLAY IN HIS OR HER OFFICE  A
   29  DOCUMENT  THAT CLEARLY IDENTIFIES THE TYPE OF LICENSE HELD BY THE HEALTH
   30  CARE PRACTITIONER. THE WRITING SHALL BE OF SUFFICIENT SIZE SO AS  TO  BE
   31  VISIBLE AND APPARENT TO ALL CURRENT AND PROSPECTIVE PATIENTS.
   32    D.  A  HEALTH  CARE PRACTITIONER WHO PRACTICES IN MORE THAN ONE OFFICE
   33  SHALL BE REQUIRED TO COMPLY WITH THESE  REQUIREMENTS  IN  EACH  PRACTICE
   34  SETTING.
   35    S  2.  Section  6509  of  the education law is amended by adding a new
   36  subdivision 15 to read as follows:
   37    (15) FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION  REQUIRE-
   38  MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS ARTICLE.
   39    S  3.  Section  6530  of  the education law is amended by adding a new
   40  subdivision 50 to read as follows:
   41    50.  FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION  REQUIRE-
   42  MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS TITLE.
   43    S 4. This act shall take effect immediately.