January 1, 2008

New York state laws and regulations that affect your medical practice

1. May physicians advertise in New York?

Yes. Generally, advertising in print or electronic media is allowed by professionals. However, while there is no total prohibition on advertising, the New York State Department of Education (DOE) does regulate the type of advertising allowable.

(Education Law § 6530 (27))

The use of advertising which contains any of the following is prohibited:

A. any statement which is false, deceptive or misleading;

B. guarantees any service:

C. makes claims regarding professional service or superiority, which cannot be substantiated by the licensee, who shall have the burden of proof; or,

D. offers bonuses or inducements in any form other than a discount or reduction in an established fee or price for a professional service.

A physician may advertise in a manner that is not contrary to the prohibitions stated above. The DOE requires licensees to maintain an exact copy of each advertisement in the medium of its presentation for a period of one year after its last publication. The copy is required to be made available to DOE for inspection upon demand for the same.

(Education Law § 6530 (27), 8 NY ADC 29.1 (12))

3. May physicians advertise their fees?

A physician may advertise in a newspaper, periodical, professional directory, on radio or television, fixed prices, or a stated range of prices, for specified routine professional services, provided that if there is an additional charge for related services which are an integral part of the overall service being provided by the licensee, the advertisement shall state such additional charge. The advertisement shall also indicate the period of time for which the advertised prices shall be in effect.

(Education Law § 6530 (27))

4. What information must appear at the physician's practice location?

A practice operating under an assumed name is required to post conspicuously the name and field of practice of all principal professionals engaged in practice act such location.

(Education Law § 6530 (39))

Copyright Kern Augustine Conroy and Schoppmann, P.C. Used with permission.