4. a. An advertisement for health care services that includes the name of a health care professional shall identify the type of professional license and professional degree issued to the health care professional and shall not contain deceptive or misleading information, including, but not limited to, any affirmative communication or representation that misstates, falsely describes, holds out, or falsely details the health care professional’s skills, training, expertise, education, public or private board certification, or licensure.

b. When providing in-person care, a health care professional shall communicate the professional licensure and professional degree held by the professional in the following formats:

(1) a name tag or embroidered identification to be worn during all patient encounters that is to include at a minimum:

(a) the full name of the health care professional; however, in a hospital, licensed ambulatory care facility or behavioral health care facility, or long-term care facility and at the discretion of facility administrators, either the health care professional’s full first name and last name or the full first name and first letter of the last name;

(b) the professional license and professional degree issued to the health care professional; and

(c) a recent photograph of the health care professional if providing direct patient care at a hospital, unless otherwise directed by hospital administrators; and

(2) a poster or other signage, in font of a sufficient size, placed in a clear and conspicuous manner at the office or offices where the health care professional provides health care services to scheduled patients in an ambulatory setting, that states the type of professional license and professional degree held by the health care professional. For purposes of this subsection, “office” does not include in-patient hospital or emergency department patient care. This subsection shall not apply to telehealth or telemedicine services authorized under P.L.2017, c.117 (C. 45:1-61 et al.).

c. A medical doctor or doctor of osteopathic medicine who supervises or participates in collaborative practice agreements with non-physician health care professionals, including, but not limited to, physician assistants and advance practice nurses, who provide in-person patient care at the same practice location shall be required to clearly and conspicuously post in each office when a medical doctor or doctor of osteopathic medicine is present. For purposes of this subsection, “office” does not include in-patient hospital or emergency department patient care.

d. A medical doctor or doctor of osteopathic medicine shall not advertise or hold oneself out to the public in any manner as being certified by a public or private board, including, but not limited to, a multidisciplinary board, or as “board certified” unless the board either:

(1) is a member of the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA); or

(2) is a non-ABMS or non-AOA board that requires as prerequisites for issuing certification:

(a) successful completion of a post-graduate training program approved by the Accreditation Council for Graduate Medical Education (ACGME) or the AOA that provides complete training in the specialty or subspecialty certified by the non-ABMS or non-AOA board;

(b) certification by an ABMS or AOA board covering that training field that provides complete ACGME- or AOA-accredited training in the specialty or subspecialty certified by the non-ABMS or non-AOA board; and

(c) successful passage of examination in the specialty or subspecialty certified by the non-ABMS or non-AOA board.

Any advertisement for a medical doctor or doctor of osteopathic medicine shall state the full name of the certification board.

e. The Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), as are necessary to effectuate the provisions of subsections a. and b. of this section.

L.2020, c.133, s.4.