New York

More Information

Oversight Body:
New York State Board for Medicine

Reference Citation:
McKinney’s Education Law § 6530(27)

Selected Excerpt:
Definitions of professional misconduct.

Each of the following is professional misconduct, and any licensee found guilty of such misconduct under the procedures prescribed in section two hundred thirty of the public health law shall be subject to penalties as prescribed in section two hundred thirty-a of the public health law except that the charges may be dismissed in the interest of justice: (…)

Advertising or soliciting for patronage that is not in the public interest.

• a. Advertising or soliciting not in the public interest shall include, but not be limited to, advertising or soliciting that:
  • i. is false, fraudulent, deceptive, misleading, sensational, or flamboyant;
  • ii. represents intimidation or undue pressure;
  • iii. uses testimonials;
  • iv. guarantees any service;
  • v. makes any claim relating to professional services or products or the costs or price therefor which cannot be substantiated by the licensee, who shall have the burden of proof;
  • vi. makes claims of professional superiority which cannot be substantiated 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.
• b. The following shall be deemed appropriate means of informing the public of the availability of professional services:
  • i. informational advertising not contrary to the foregoing prohibitions; and
  • ii. the advertising in a newspaper, periodical or professional directory or on radio or television of 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 so state, and provided further that the advertisement indicates the period of time for which the advertised prices shall be in effect.
• c.
  • i. All licensees placing advertisements shall maintain, or cause to be maintained, an exact copy of each advertisement, transcript, tape or video tape thereof as appropriate for the medium used, for a period of one year after its last appearance. This copy shall be made available for inspection upon demand of the department of health;
  • ii. A licensee shall not compensate or give anything of value to representatives of the press, radio, television or other communications media in anticipation of or in return for professional publicity in a news item;
• d. No demonstrations, dramatizations or other portrayals of professional practice shall be permitted in advertising on radio or television;