Senate Bill S4854

2013-2014 Legislative Session

Requires the specification of health professional's credentials in advertisements

download bill text pdf

Sponsored By

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

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2013-S4854 (ACTIVE) - Details

See Assembly Version of this Bill:
A7410
Law Section:
Education Law
Laws Affected:
Amd ยงยง6509 & 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

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

              

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