Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABORChapter V - Workers' CompensationSubchapter C - Medical Treatment and CarePart 325 - Medical And Surgical Care And Treatment
Subpart 325-1 - General
Section 325-1.16 - Advertising by physicians

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 325-1.16

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 325-1.16 - Advertising by physicians
(a) A physician shall not advertise or publicize himself or herself in violation of any statute or rule of court or the Workers' Compensation Law and the rules and regulations promulgated thereunder.
(b) A physician on behalf of himself or herself, or partners or associates, shall not use or disseminate or participate in the preparation or dissemination of any public communication containing statements or claims that are false, deceptive or misleading.
(c) Advertising or other publicity by physicians, including participation in public functions, shall not contain puffery, self-laudation, claims regarding the quality of the physician's medical services, or claims that cannot be measured or verified.
(d) It is proper to include information, provided its dissemination does not violate the provisions of subdivisions (b) and (c) of this section, as to education, degrees and other scholastic distinctions; dates of admission to practice; areas of medicine in which the physician practices, and teaching positions held; memberships in medical associations or other professional societies or organizations, including offices and committee assignments therein; foreign language fluency.
(e) Advertising and publicity shall be designed to educate the public to an awareness of medical needs and to provide information relevant to the selection of the most appropriate physician. Information, other than that specifically authorized in subdivision (d) of this section, that is consistent with these purposes may be disseminated providing that it does not violate any other provisions of this section.
(f) If the advertisement is broadcast, it shall be prerecorded or taped and approved for broadcast by the physician, and a recording or videotape of the actual transmission shall be retained by the physician for a period of not less than one year following such transmission.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 325-1.16