Requirement that health care professionals wear identifying badges.
Purpose:
To extend to all practice settings the requirement that health care professionals, other than physicians, physician assistants, and specialist assistants, wear an identifying badge which shall be conspicuously displayed and indicate the professional's name and professional title.
Text of proposed rule:
Paragraph (9) of subdivision (a) of Section 29.2 of the Rules of the Board of Regents is amended, effective April 10, 2008, as follows:
(9) failing to wear an identifying badge, which shall be conspicuously displayed and legible, indicating the practitioner's name and professional title authorized pursuant to the Education Law, while practicing such profession [as an employee or operator of a hospital, clinic, group practice or multiprofessional facility, registered pharmacy, or at a commercial establishment offering health services to the public];
Text of proposed rule and any required statements and analyses may be obtained from:
Anne Marie Koschnick, Legal Assistant, State Education Department, Office of Counsel, State Education Bldg., Rm. 148, Albany, NY 12234, (518) 473-8296, e-mail: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Frank Munoz, Associate Commissioner, Office of the Professions, State Education Department, 2nd Fl., West Wing Education Bldg., 89 Washington Ave., Albany, NY 12234, (518) 486-1765, e-mail: opopr@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State and the functions conferred upon the Education Department.
Section 6504 of the Education Law provides that admission to the practice of the professions and regulation of such practice shall be supervised by the Board of Regents and administered by the Education Department.
Subdivision (1) of section 6506 of the Education Law authorizes the Regents to promulgate rules in its supervision of the practice of the professions.
Subdivision (9) of section 6509 of the Education Law authorizes the Board of Regents to define unprofessional conduct.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative intent of the aforementioned statutes by making it unprofessional conduct for certain health professionals to fail to wear an identifying badge in all practice settings, thus enabling patients to clearly know who is rendering professional services to them.
3. NEEDS AND BENEFITS:
Currently, it is unprofessional conduct for those practicing in most of the health professions to fail to wear an identifying badge while practicing as an employee or operator of a hospital, clinic, group practice or multiprofessional facility, registered pharmacy, or at a commercial establishment offering health services to the public. The proposed amendment will provide additional public protection by expanding to all practice settings the identifying badge requirement, thereby providing patients in all settings with the name and professional licensure designation of health professionals licensed pursuant to Title VIII of the Education Law, other than physicians, physician assistants, and specialist assistants.
4. COSTS:
a. Costs to State: The proposed amendment will not impose any additional cost on State government, including the State Education Department.
b. Costs to local government: None.
c. Costs to private regulated parties: There will be minimal costs to private regulated parties. The Department estimates that it will cost health professionals $2 to $3 for an identifying badge.
d. Costs to the regulating agency: As stated above, the proposed amendment does not impose any additional costs on the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any program, service, duty or responsibility upon local government.
6. PAPERWORK:
The proposed amendment does not impose any additional paperwork requirement.
7. DUPLICATION:
The proposed amendment does not duplicate other State or Federal requirements.
8. ALTERNATIVES:
There are no viable alternatives to the proposed amendment, and none were considered.
9. FEDERAL STANDARDS:
There are no applicable standards of the Federal government for the subject of the proposed amendment.
10. COMPLIANCE STANDARDS:
The proposed amendment will be effective on its stated effective date. No period of time is necessary to enable regulated parties to meet the amendment's requirements.
Regulatory Flexibility Analysis
The proposed amendment expands the definition of unprofessional conduct to include all health professionals, other than physicians, physician assistants, and specialist assistants, who fail to wear an identifying badge, indicating the professional's name and professional title. It does not impose any adverse economic impact, reporting, recordkeeping or other compliance requirements on small businesses or local governments, other than the minimal requirement that each practicing professional have a name badge. Because it is evident from the nature of the rule that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly a regulatory flexibility analysis is not required and one has not been prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed amendment will apply to all persons practicing a licensed profession or utilizing a professional title without being authorized to do so, including those who live in the 44 rural counties of New York State with less than 200,000 inhabitants and the 71 towns in urban counties of New York State with a population density of 150 per square mile or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The current rule requires certain licensed health care professionals practicing in institutions and group practice settings to wear an identifying badge, indicating the practitioner's name and profession. The proposed amendment expands the requirement for certain health care professionals to wear an identifying badge to all practice settings, including private offices.
3. COSTS:
The proposed regulation does not impose any additional costs on public entities. The proposed amendment will impose minimal costs on private regulated parties. The Department estimates that the cost to create a name identifying badge will be approximately $2 to $3 per health professional.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment makes no exception for individuals who live or work in rural areas. The Department has determined that the requirements should apply to all health professionals, in order to protect patients. Because of the nature of the proposed amendment, alternative approaches for rural areas were not considered.
5. RURAL AREA PARTICIPATION:
Feedback concerning rules to implement section 6516 of the Education Law was sought from statewide organizations representing parties having an interest in professional licensure. These entities have members who live or work in rural areas.
Job Impact Statement
The proposed amendment extends to all practice settings the requirement that health care professionals, other than physicians, physician assistants, and specialist assistants, wear an identifying badge which shall be conspicuously displayed and indicate the professional's name and professional title. This amendment would not have a substantial adverse impact on jobs and employment opportunities because it relates to the proper identification of licensed professionals to their patients. Because it is evident from the nature of the proposed amendment that it would have no adverse impact on jobs and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
