N.Y. General Business Law § 350-b: 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.