§ 350-B — Disclosures required in advertisements using the title "doctor"

§ 350-b. Disclosures required in advertisements using the title\n"doctor". 1. Any person who uses the title "doctor" in making\nrepresentations for the purpose of inducing, or which are likely to\ninduce, directly or indirectly, the purchase of (a) drugs, devices or\ncosmetics, as defined in section sixty-eight hundred two of the\neducation law, or (b) other goods or services intended to diagnose,\ntreat, mitigate, prevent or cure any human disease, pain, injury,\ndeformity, nutritional deficiency or physical condition, or which are\nintended to appear to the purchaser of such goods or services to have\ndone so, shall conspicuously disclose the profession in which he or she\nis licensed, except that, where no license is required by the department\nof education, such person shall conspicuously disclose the major subject\nin which the degree was earned and the name of the institution that\nissued the degree provided, however, that such person shall be\nprohibited from using the title "doctor" unless the degree was conferred\nby an institution of higher education authorized by law to confer\ndoctoral degrees in the state where it is located. For the purposes of\nthis section, "conspicuously" shall mean equally in size, type or\nprominence and positioned adjacent to the title "doctor". The\nrequirements of this subdivision supplement, and shall not be construed\nto limit, the obligations of health professionals pursuant to the\neducation law and regulations thereunder, nor shall they be construed to\nauthorize the practice of any licensed profession nor the offer of\nprofessional services by any unlicensed person.\n 2. In addition to any civil penalty available under section three\nhundred fifty-d of this article, whenever there shall be an actual or\nthreatened violation of this section an application may be made to a\ncourt or justice having jurisdiction to issue an injunction, upon notice\nto the defendant of not less than five days, to enjoin and restrain such\nactual or threatened violation; if it shall appear to the satisfaction\nof the court or justice that the defendant is in fact assuming, adopting\nor using such title or is about to assume, adopt or use such title and\nthat the assumption, adoption or use of such title may deceive or\nmislead the public, an injunction may be issued by said court or justice\nenjoining and restraining such actual or threatened violation without\nrequiring proof that any person has in fact been deceived or misled\nthereby.\n