Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Requires certain disclosures by health care professionals.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring certain disclosures by certain health care professionals and supplementing chapter 1 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Advertisement” means the direct or indirect inducement to use health care services using any newspaper, magazine, periodical, circular, or sign or other written matter placed before the consuming public, any radio or television broadcast, or any Internet website.
“Health care professional” means a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by one of the following entities: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the Occupational Therapy Advisory Council and the Certified Psychoanalysts Advisory Committee.
Health care professional shall not include a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by one of the following entities: the State Board of Respiratory Care, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Marriage and Family Therapy Examiners, or the Hearing Aid Dispensers Examining Committee. Health care professional shall not include a person who provides professional medical services to enrollees of a health care service plan that exclusively contracts with a single medical group in a specific geographic area to provide or arrange for professional medical services for the enrollees of the plan.
“Office” means a fixed establishment where one or more health care professionals provide health care services.
Office shall not include a general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) or a clinical laboratory licensed pursuant to P.L.1975, c. 166 (C.45:9-42.26 et seq.).
2. a. A health care professional, while working in an office, shall disclose to a patient that health care professional’s name, State-granted professional license type, and highest level of academic degree, by one or both of the following methods:
(1) In writing at the patient's initial office visit; or
(2) Prominently displayed in an area visible to patients in the office.
b. Notwithstanding the provisions of subsection a. of this section, a health care professional licensed by the New Jersey Board of Nursing or the New Jersey State Board of Pharmacy is not required to disclose the highest level of academic degree that health care professional holds.
c. A health care professional licensed to practice medicine or surgery by the State Board of Medical Examiners, who is certified by a board or association in a medical specialty, while working in an office, shall also disclose the name of that board or association by either method described in subsection a. of this section.
For purposes of this section, “board or association” shall include:
(1) An American Board of Medical Specialties member board;
(2) A board or association with requirements equivalent to a board described in paragraph (1) of this subsection approved by the State Board of Medical Examiners; or
(3) A board or association with an Accreditation Council for Graduate Medical Education approved postgraduate training program that provides complete training in the specialty.
3. a. An advertisement by a health care professional for health care services shall include that health care professional’s name, State-granted professional license type, and highest level of academic degree.
b. A health care professional, who provides information regarding health care services on an Internet website that is directly controlled or administered by that health care professional, or that health care professional’s office personnel, shall prominently display on that Internet website the health care professional’s name, State-granted professional license type, and highest level of academic degree.
4. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.
5. This act shall take effect on the 90th day next following enactment.
STATEMENT
This bill requires certain health care professionals, while working in an office, to disclose to patients their name, type of license and highest level of academic degree, either in a prominent display in their office or in writing to a patient on that patient’s first office visit. The bill also requires a person licensed to practice medicine or surgery by the State Board of Medical Examiners who is certified in a medical specialty to disclose, while working in an office, the name of the certifying board or association.
Additionally, the bill requires an advertisement by a health care professional for health care services to include the health care professional’s name, type of license and highest level of academic degree. The bill requires certain health care professionals who provide information regarding health care services on an Internet website that is directly controlled or administered by that health care professional or that health care professional’s office personnel, to prominently display on that Internet website their name, type of license and highest level of academic degree.