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 any attempt to induce any person or entity to purchase services through publication, dissemination, or circulation in print, including newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, and signs, or electronic media, including radio, television, and Internet.

"Deceptive" or "misleading" includes, but is not limited to, any advertisement or affirmative communication or representation that misstates, falsely describes, holds out, or falsely details the health care practitioner's profession, skills, training, expertise, education, board certification or licensure.

"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, or other licensed professional as determined by the Division of Consumer Affairs in the Department of Law and Public Safety.

"Health care professional" shall not include a person who provides professional medical services to enrollees of a health benefits 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.

2. a. A health care professional who places, or causes to be placed, an advertisement for that health care professional's services shall include in that advertisement the health care professional's name, and the full name of the professional's State-granted license type, except that physicians licensed to practice medicine and surgery may use the abbreviation "MD" or "DO" to describe their license.

b. A health care professional who provides information regarding health care services on an Internet website that is directly controlled or administered by the health care professional, or that health care professional's office personnel, shall prominently display on that Internet website the health care professional's name, and the full name of the professional's State-granted license type, except that physicians licensed to practice medicine and surgery may use the abbreviation "MD" or "DO" to describe their license.

c. A health care professional who includes the phrase "board certified" in an advertisement may only advertise that certification if the full name of the certifying board or association and the full name of the specialty or sub-specialty is included, and the certifying board or association is:

(1) An American Board of Medical Specialties, an American Osteopathic Association (AOA), or American Podiatric Medical Association certifying board; or

(2) A board or association approved by the State Board of Medical Examiners which shall require:

(a) successful completion of a post-graduate residency program approved by the Accreditation Council for Graduate Medical Education (ACGME) or AOA that provides complete training in the specialty or subspecialty certified; and

(b) prior certification by the member board of the American Board of Medical Specialties or AOA that examines residents completing that ACGME or AOA approved program for that residency.

d. Nothing in this section shall be construed to require an employer of health care professionals to identify the name, State-granted professional license type, and highest level of academic degree of employed health care professionals in advertisements that do not identify those employees.

3. A health care professional who knowingly places, or causes to be placed, an advertisement for health care services that is intentionally misleading or deceptive shall be guilty of a disorderly persons offense.

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 90^th day next following enactment.

STATEMENT

This bill stipulates that a health care professional who places, or causes to be placed, an advertisement for that health care professional's services shall include in that advertisement the health care professional's name, and the full name of the professional's State-granted license type, except that physicians licensed to practice medicine and surgery may use the abbreviation "MD" or "DO" to describe their license.

The bill stipulates that a health care professional who provides information regarding health care services on an Internet website that is directly controlled or administered by the health care professional, or that health care professional's office personnel, shall prominently display on that Internet website the health care professional's name, and the full name of the professional's State-granted license type, except that physicians licensed to practice medicine and surgery may use the abbreviation "MD" or "DO" to describe their license.

Additionally, under the bill, a health care professional who includes the phrase "board certified" in an advertisement, may only advertise such certification provided that the full name of the certifying board or association and the full name of the specialty or sub-specialty is included, and the certifying board or association is:

(1) An American Board of Medical Specialties, an American Osteopathic Association (AOA), or American Podiatric Medical Association certifying board; or

(2) A board or association approved by the State Board of Medical Examiners, which requires:

(b) prior certification by the member board of the American Board of Medical Specialties or AOA that examines residents completing that ACGME or AOA approved program for that residency.

The bill clarifies that nothing in the bill requires an employer of health care professionals to identify the name, State-granted professional license type, and highest level of academic degree of employed health care professionals in advertisements that do not identify those employees.

The bill also provides that a health care professional who knowingly places, or caused to be placed, an advertisement for health care services that is intentionally misleading or deceptive is guilty of a disorderly persons offense. A disorderly persons offense is punishable by up to 6 months imprisonment and up to a $1,000 fine.