NY State Senate Bill 2013-S4854

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2013	recommit, enacting clause stricken
Apr 26, 2013	referred to higher education

2013-S4854 (ACTIVE) - Details

See Assembly Version of this Bill:: A7410
Law Section:: Education Law
Laws Affected:: Amd §§6509 & 6530, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S7455, A8410

2013-S4854 (ACTIVE) - Summary

Requires the specification of health professional's credentials in advertisements for such health professional's services.

2013-S4854 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4854

TITLE OF BILL:  An act to amend the education law, in relation to the
identification of health professional credentials in advertisements

PURPOSE:  To ensure that all health professionals who advertise their
services apprise the public of their professional credentials:

SUMMARY OF PROVISIONS:  This bill amends Section 6509 of the Education
Law by adding a new subdivision fifteen (15) to make the failure to
specify in advertisements informing the public of 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 the education law an act of professional misconduct for non-
physician health care professionals.

This bill also amends Section 6530 of the Education Law by adding, a new
subparagraph (viii) to subdivision twenty seven to require that they do
not hold themselves out in a public manner as being certified by a
public or private board unless they fulfill certain criteria such as the
full name of the certifying board and other criteria written in the
bill.

EXISTING LAW:  Current law does not require non-physician providers to
specify in their advertisements the title and type of license held by
such health care professional. Current law prohibits physicians from

making false, fraudulent and misleading advertisements but does not
require physicians to specify their specialty credentials such as board
certification in their advertisements.

JUSTIFICATION:  In studies conducted by the AMA it was found that
patients are clearly confused about who provides their medical care.
Results of the survey revealed multiple examples of confusion by the
public. 67% of respondents believed that a podiatrist was a medical
doctor and 50% of the respondents believed that a psychologist was a
medical doctor.  A mere 69% of respondents believed that an ophthalmolo-
gist is a medical doctor. This confusion is exacerbated by advertise-
ments which fail to specify the title and type of license held by the
health professional advertising his or her services. Non-physicians who
advertise their services are not required to specify what license they
hold in advertisements. Moreover, even within medicine, physicians have
trained in certain specialties and have achieved board certification by
one of the 241 member boards of the American Board of Medical Special-
ties or certification by the American Osteopathic Association. Adver-
tisements by health care professionals should assist the public in
discerning the qualifications of a health care professional. This can be
accomplished by requiring advertisements to specify the title and
license held by the health care professional, and where the professional
is a physician, the advertisement should also specify the board certif-
ication attained by such physician. Clarity in advertising will enhance
public information and decision making on matters affecting the public's
choice of health professional.

LEGISLATIVE HISTORY: 2011-12 - S.7455/A.8410A

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S4854 (ACTIVE) - Bill Text download pdf

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

                                  4854

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 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

S. 4854                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4854

Sponsored By

Archive: Last Bill Status - Stricken

2013-S4854 (ACTIVE) - Details

2013-S4854 (ACTIVE) - Summary

2013-S4854 (ACTIVE) - Sponsor Memo

2013-S4854 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4854

Share this bill

Sponsored By

John A. DeFrancisco

Archive: Last Bill Status - Stricken

2013-S4854 (ACTIVE) - Details

2013-S4854 (ACTIVE) - Summary

2013-S4854 (ACTIVE) - Sponsor Memo

2013-S4854 (ACTIVE) - Bill Text download pdf

Comments