Requires the specification of health professional's credentials in advertisements

1 Co-sponsor

• Jack M. Martins

BILL NUMBER:S7455

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 advertise- ments 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, frau- dulent 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 undeniably 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 hoard 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 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 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

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.