Section 350-B. Disclosures required in advertisements using the title "doctor"  


Latest version.
  • 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.