Bill Text: NY S04651 | 2015-2016 | 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) 2016-06-17 - COMMITTED TO RULES [S04651 Detail]

Download: New_York-2015-S04651-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4651--C
           Cal. No. 1287
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2015
                                      ___________
       Introduced  by  Sens.  GRIFFO, AVELLA, DeFRANCISCO, ESPAILLAT, PARKER --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee  on  Higher  Education  --  committee  discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  reported  favorably from said committee, ordered to first and
         second report, amended on second report, ordered to a  third  reading,
         and  to  be  reprinted as amended, retaining its place in the order of
         third reading -- again 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    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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06721-06-5
       S. 4651--C                          2
    1    C. "HEALTH CARE PRACTITIONER" MEANS A PERSON WHO IS  LICENSED,  CERTI-
    2  FIED OR REGISTERED PURSUANT TO THIS TITLE.
    3    2.  ADVERTISEMENT  REQUIREMENTS.  A.  AN ADVERTISEMENT FOR HEALTH CARE
    4  SERVICES THAT NAMES A HEALTH CARE PRACTITIONER MUST IDENTIFY THE TYPE OF
    5  LICENSE HELD PURSUANT TO THE DEFINITIONS UNDER THIS SECTION. THE  ADVER-
    6  TISEMENT SHALL BE FREE FROM ANY AND ALL DECEPTIVE OR MISLEADING INFORMA-
    7  TION.
    8    B.  A  HEALTH CARE PRACTITIONER PROVIDING HEALTH CARE SERVICES IN THIS
    9  STATE MUST CONSPICUOUSLY POST AND AFFIRMATIVELY COMMUNICATE THE  PRACTI-
   10  TIONER'S  SPECIFIC LICENSURE IN ACCORDANCE WITH THIS SECTION. THIS SHALL
   11  CONSIST OF THE FOLLOWING:
   12    (1) THE HEALTH CARE PRACTITIONER SHALL  WEAR  A  PHOTO  IDENTIFICATION
   13  NAME  TAG DURING ALL PATIENT ENCOUNTERS THAT SHALL INCLUDE (I) THE PRAC-
   14  TITIONER'S NAME; AND (II) LARGE BOLD LETTERING WHICH SPECIFIES THE  TYPE
   15  OF  LICENSE  HELD  BY THE PRACTITIONER.  THE NAME TAG SHALL BE OF SUFFI-
   16  CIENT SIZE AND BE WORN IN A CONSPICUOUS MANNER SO AS TO BE READILY IDEN-
   17  TIFIABLE; AND
   18    (2) THE HEALTH CARE PRACTITIONER SHALL DISPLAY IN HIS OR HER OFFICE  A
   19  DOCUMENT  THAT CLEARLY IDENTIFIES THE TYPE OF LICENSE HELD BY THE HEALTH
   20  CARE PRACTITIONER. THE WRITING SHALL BE OF SUFFICIENT SIZE SO AS  TO  BE
   21  VISIBLE  AND  APPARENT  TO  ALL  CURRENT  AND  PROSPECTIVE PATIENTS. FOR
   22  PURPOSES OF THIS SECTION, THE TERM OFFICE DOES NOT APPLY TO ANY PART  OF
   23  A GENERAL HOSPITAL AS THAT TERM IS DEFINED IN SUBDIVISION TEN OF SECTION
   24  TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   25    C.  A  HEALTH  CARE PRACTITIONER WHO PRACTICES IN MORE THAN ONE OFFICE
   26  SHALL BE REQUIRED TO COMPLY WITH THESE  REQUIREMENTS  IN  EACH  PRACTICE
   27  SETTING.
   28    S  3.  Section  6509  of  the education law is amended by adding a new
   29  subdivision 15 to read as follows:
   30    (15) FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION  REQUIRE-
   31  MENTS  PURSUANT  TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS SUBARTI-
   32  CLE.
   33    S 4. Section 6530 of the education law is  amended  by  adding  a  new
   34  subdivision 50 to read as follows:
   35    50.   FAILING TO COMPLY WITH ADVERTISEMENT AND IDENTIFICATION REQUIRE-
   36  MENTS PURSUANT TO SECTION SIXTY-FIVE HUNDRED ELEVEN-A OF THIS TITLE.
   37    S 5. This act shall take effect on the one hundred eightieth day after
   38  it shall have become a law.