2006 New York Code - Disclosures Required In Advertisements Using The Title "doctor".



 
    §  350-b.  Disclosures  required  in  advertisements  using  the title
  "doctor".  1.  Any  person  who  uses  the  title  "doctor"  in   making
  representations  for  the  purpose  of  inducing, or which are likely to
  induce, directly or indirectly, the purchase of (a)  drugs,  devices  or
  cosmetics,  as  defined  in  section  sixty-eight  hundred  two  of  the
  education law, or (b) other goods  or  services  intended  to  diagnose,
  treat,  mitigate,  prevent  or  cure  any  human  disease, pain, injury,
  deformity, nutritional deficiency or physical condition,  or  which  are
  intended  to  appear  to the purchaser of such goods or services to have
  done so, shall conspicuously disclose the profession in which he or  she
  is licensed, except that, where no license is required by the department
  of education, such person shall conspicuously disclose the major subject
  in  which  the  degree  was  earned and the name of the institution that
  issued  the  degree  provided,  however,  that  such  person  shall   be
  prohibited from using the title "doctor" unless the degree was conferred
  by  an  institution  of  higher  education  authorized  by law to confer
  doctoral degrees in the state where it is located. For the  purposes  of
  this  section,  "conspicuously"  shall  mean  equally  in  size, type or
  prominence  and  positioned  adjacent  to  the   title   "doctor".   The
  requirements  of this subdivision supplement, and shall not be construed
  to limit, the  obligations  of  health  professionals  pursuant  to  the
  education law and regulations thereunder, nor shall they be construed to
  authorize  the  practice  of  any  licensed  profession nor the offer of
  professional services by any unlicensed person.
    2. In addition to any civil  penalty  available  under  section  three
  hundred  fifty-d  of  this article, whenever there shall be an actual or
  threatened violation of this section an application may  be  made  to  a
  court or justice having jurisdiction to issue an injunction, upon notice
  to the defendant of not less than five days, to enjoin and restrain such
  actual  or  threatened violation; if it shall appear to the satisfaction
  of the court or justice that the defendant is in fact assuming, adopting
  or using such title or is about to assume, adopt or use such  title  and
  that  the  assumption,  adoption  or  use  of  such title may deceive or
  mislead the public, an injunction may be issued by said court or justice
  enjoining and restraining such actual or  threatened  violation  without
  requiring  proof  that  any  person  has in fact been deceived or misled
  thereby.

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