N.Y.
Education Law Section 6526
Exempt persons
1.
Any physician who is employed as a resident in a public hospital, provided such practice is limited to such hospital and is under the supervision of a licensed physician;2.
Any physician who is licensed in a bordering state and who resides near a border of this state, provided such practice is limited in this state to the vicinity of such border and provided such physician does not maintain an office or place to meet patients or receive calls within this state;3.
Any physician who is licensed in another state or country and who is meeting a physician licensed in this state, for purposes of consultation, provided such practice is limited to such consultation;4.
Any physician who is licensed in another state or country, who is visiting a medical school or teaching hospital in this state to receive medical instruction for a period not to exceed six months or to conduct medical instruction, provided such practice is limited to such instruction and is under the supervision of a licensed physician;5.
Any physician who is authorized by a foreign government to practice in relation to its diplomatic, consular or maritime staffs, provided such practice is limited to such staffs;6.
Any commissioned medical officer who is serving in the United States armed forces or public health service or any physician who is employed in the United States Veterans Administration, provided such practice is limited to such service or employment;7.
Any intern who is employed by a hospital and who is a graduate of a medical school in the United States or Canada, provided such practice is limited to such hospital and is under the supervision of a licensed physician; or8.
Any medical student who is performing a clinical clerkship or similar function in a hospital and who is matriculated in a medical school which meets standards satisfactory to the department, provided such practice is limited to such clerkship or similar function in such hospital.9.
Any dentist or dental school graduate eligible for licensure in the state who administers anesthesia as part of a hospital residency program established for the purpose of training dentists in anesthesiology. * 10.(a)
Any physician who is licensed and in good standing in another state or territory, and who has a written agreement to provide medical services to athletes and team personnel of a United States sports team recognized by the United States Olympic committee or an out-of-state secondary school, institution of postsecondary education, or professional athletic organization sports team, may provide medical services to such athletes and team personnel at a discrete sanctioned team sporting event in this state as defined by the commissioner in regulations, provided such services are provided only to such athletes and team personnel at the discrete sanctioned team sporting event. Any such medical services shall be provided only five days before through three days after each discrete sanctioned team sporting event.(b)
(i) A person who is currently licensed and in good standing in another state or territory to practice as a physician and practicing in New York state on May twenty-second, two thousand twenty-three pursuant to the state disaster emergency declared by executive order four of two thousand twenty-one may be temporarily authorized to practice medicine in the state of New York under the supervision of a New York state licensed and registered physician, provided such person:(1)
filed an application for licensure with the department pursuant to § 6524 (Requirements for a professional license)section sixty-five hundred twenty-four of this article that is pending a determination;(2)
has obtained the endorsement of an employing health care facility, health care program, or health care practice that is authorized by New York state law to provide medical services and acceptable to the department;(3)
has graduated from a duly accredited school of medicine located in the United States or Canada; and(4)
is currently board certified by a physician certification board acceptable to the department.(ii)
Prior to commencing temporarily authorized practice:(1)
the person shall file an application for licensure with the department pursuant to § 6524 (Requirements for a professional license)section sixty-five hundred twenty-four of this article;(2)
the person and supervising physician shall jointly provide written notification to the department, in a form and format acceptable to the department, that such person intends to practice in the state of New York pursuant to this paragraph;(3)
the person shall pay a fee determined by the department; and(4)
the person’s name must appear on a list of persons authorized to temporarily practice medicine published on the department’s website. Such temporary authorization shall expire in one hundred eighty days or ten days after notification that the person does not meet the qualifications for licensure as a physician, whichever shall occur first. Persons eligible for the temporary authorization pursuant to this paragraph shall file an application for licensure, provide the required written notification, and pay a fee to the department within thirty days of the effective date of the chapter of the laws of two thousand twenty-three that amended this subdivision, and shall not be authorized to temporarily practice until the person’s name appears on the lists of persons authorized to temporarily practice published on the department’s website.(c)
Any person practicing as a physician in New York state pursuant to this subdivision shall be subject to the personal and subject matter jurisdiction and disciplinary and regulatory authority of the board of regents and the state board for professional medical conduct established pursuant to Public Health Law § 230 (State board for professional medical conduct)section two hundred thirty of the public health law as if he or she is a licensee and as if the exemption pursuant to this subdivision is a license. Such individual shall comply with applicable provisions of this title, the public health law, the rules of the board of regents, the state board for professional medical conduct established pursuant to Public Health Law § 230 (State board for professional medical conduct)section two hundred thirty of the public health law, and the regulations of the commissioner and the commissioner of health, relating to professional misconduct, disciplinary proceedings and penalties for professional misconduct. Failure to adhere to the notification provisions of paragraph (b) of this subdivision may be considered unauthorized practice pursuant to § 6512 (Unauthorized practice a crime)section sixty-five hundred twelve of this title. * NB Effective until June 22, 2024 * 10.(a)
Any physician who is licensed and in good standing in another state or territory, and who has a written agreement to provide medical services to athletes and team personnel of a United States sports team recognized by the United States Olympic committee or an out-of-state secondary school, institution of postsecondary education, or professional athletic organization sports team, may provide medical services to such athletes and team personnel at a discrete sanctioned team sporting event in this state as defined by the commissioner in regulations, provided such services are provided only to such athletes and team personnel at the discrete sanctioned team sporting event. Any such medical services shall be provided only five days before through three days after each discrete sanctioned team sporting event.(b)
Any person practicing as a physician in New York state pursuant to this subdivision shall be subject to the personal and subject matter jurisdiction and disciplinary and regulatory authority of the board of regents and the state board for professional medical conduct established pursuant to Public Health Law § 230 (State board for professional medical conduct)section two hundred thirty of the public health law as if he or she is a licensee and as if the exemption pursuant to this subdivision is a license. Such individual shall comply with applicable provisions of this title, the public health law, the rules of the board of regents, the state board for professional medical conduct established pursuant to Public Health Law § 230 (State board for professional medical conduct)section two hundred thirty of the public health law, and the regulations of the commissioner and the commissioner of health, relating to professional misconduct, disciplinary proceedings and penalties for professional misconduct. * NB Effective June 22, 2024
Source:
Section 6526 — Exempt persons, https://www.nysenate.gov/legislation/laws/EDN/6526 (updated Jun. 23, 2023; accessed Oct. 26, 2024).
