S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7410

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2013
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  on Higher Education

AN  ACT to amend the education law, in relation to the identification of
  health professional credentials in advertisements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6509 of the education law is amended by adding a
new subdivision 15 to read as follows:
  (15) FAILURE TO SPECIFY, IN ADVERTISEMENTS INFORMING THE PUBLIC OF THE
AVAILABILITY OF THEIR PROFESSIONAL  SERVICES,  THE  TITLE  AND  TYPE  OF
LICENSE,  REGISTRATION  OR  CERTIFICATE  CONFERRED  TO  SUCH HEALTH CARE
PROFESSIONAL PURSUANT TO TITLE EIGHT OF THIS CHAPTER. FOR  THE  PURPOSES
OF   THIS   SECTION,  "ADVERTISEMENT"  INCLUDES  BILLBOARDS,  BROCHURES,
PAMPHLETS, RADIO AND TELEVISION SCRIPTS, ELECTRONIC MEDIA, PRINTED TELE-
PHONE DIRECTORIES, TELEPHONE AND DIRECT MAIL SOLICITATIONS AND ANY OTHER
MEANS OF PROMOTION INTENDED TO DIRECTLY OR INDIRECTLY INDUCE ANY  PERSON
TO ENTER INTO AN AGREEMENT FOR SERVICES WITH THE HEALTH PROFESSIONAL.
  S  2.  Subparagraphs (vi) and (vii) of paragraph (a) of subdivision 27
of section 6530 of the education law, as added by  chapter  606  of  the
laws of 1991, are amended and a new subparagraph (viii) is added to read
as follows:
  (vi) makes claims of professional superiority which cannot be substan-
tiated by the licensee, who shall have the burden of proof; [or]
  (vii)  offers bonuses or inducements in any form other than a discount
or reduction in an established fee or price for a  professional  service
or product[.]; OR
  (VIII)  HOLDS  ONESELF OUT TO THE PUBLIC IN ANY MANNER AS BEING CERTI-
FIED BY A PUBLIC OR PRIVATE BOARD INCLUDING BUT NOT LIMITED TO A  MULTI-
DISCIPLINARY  BOARD  OR  "BOARD  CERTIFIED," UNLESS ALL OF THE FOLLOWING
CRITERIA ARE SATISFIED:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06615-03-3

              

A. 7410                             2

  (1) THE FULL NAME OF THE BOARD FROM WHICH THE PHYSICIAN  IS  CERTIFIED
AND THE NAME OF THE SPECIALITY OR SUBSPECIALTY IS INCLUDED IN THE ADVER-
TISEMENT; AND
  (2) THE BOARD MEETS ANY OF THE FOLLOWING QUALIFICATIONS:
  (A)  THE  BOARD  IS  A  MEMBER  BOARD OF THE AMERICAN BOARD OF MEDICAL
SPECIALTIES (ABMS) OR A CERTIFYING BOARD  OF  THE  AMERICAN  OSTEOPATHIC
ASSOCIATION (AOA); OR
  (B) THE BOARD HAS BEEN DEEMED EQUIVALENT TO AN ABMS BOARD BY THE STATE
OF  NEW  YORK.  THE  STATE  SHALL  APPROVE A CERTIFYING BOARD UNDER THIS
SUBSECTION AS EQUIVALENT ONLY IF THE CERTIFYING BOARD REQUIRES THAT,  IN
ORDER  TO BE CERTIFIED, THE PHYSICIAN HAS COMPLETED A POSTGRADUATE RESI-
DENCY TRAINING PROGRAM THAT PROVIDES COMPLETE TRAINING IN THE  SPECIALTY
OR  SUBSPECIALTY  BEING CERTIFIED AND THAT IS ACCREDITED BY THE ACCREDI-
TATION COUNCIL FOR GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATH-
IC ASSOCIATION, AND THE PHYSICIAN  HAS  ACHIEVED  CERTIFICATION  BY  THE
AMERICAN  BOARD  OF  MEDICAL SPECIALTIES OR AMERICAN OSTEOPATHIC ASSOCI-
ATION FOLLOWING THAT RESIDENCY; OR
  (C) THE BOARD REQUIRES SUCCESSFUL COMPLETION OF A POST-GRADUATE  RESI-
DENCY PROGRAM APPROVED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL
EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION THAT PROVIDES COMPLETE
TRAINING  IN  THE SPECIALTY OR SUBSPECIALTY CERTIFIED, AND PRIOR CERTIF-
ICATION BY THE MEMBER BOARD OF THE ABMS OR AOA FOR THAT RESIDENCY.
  S 3. This act shall take effect immediately.