S T A T E O F N E W Y O R K
________________________________________________________________________
7447--A
2023-2024 Regular Sessions
I N A S S E M B L Y
May 22, 2023
___________
Introduced by M. of A. PAULIN, FAHY, JONES -- read once and referred to
the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law and the public health law, in relation
to the practice of physicians licensed in another state or territory
of the United States pursuant to a reciprocal agreement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6526 of the education law is amended by adding a
new subdivision 11 to read as follows:
11. ANY PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR TERRITORY OF THE
UNITED STATES MAY PRACTICE IN THE STATE OF NEW YORK WHEN SUCH PHYSI-
CIAN'S STATE OR OTHER JURISDICTION OF LICENSURE HAS ENTERED INTO A
RECIPROCAL AGREEMENT WITH THE STATE OF NEW YORK FOR PURPOSES OF PERMIT-
TING SUCH PHYSICIANS TO PROVIDE TIME-LIMITED FOLLOW-UP CARE VIA TELE-
HEALTH AS DEFINED BY THE RECIPROCAL AGREEMENT SOLELY TO SUCH PHYSICIAN'S
ESTABLISHED PATIENT OR PATIENTS WHO RESIDE PERMANENTLY OR TEMPORARILY
OUTSIDE OF THE PHYSICIAN'S HOME STATE OF LICENSURE. SUCH RECIPROCAL
AGREEMENT SHALL BE SIGNED BY THE COMMISSIONER AND THE EQUIVALENT AUTHOR-
ITY IN THE RECIPROCAL STATE. A COPY OF SUCH AGREEMENT SHALL BE PROVIDED
TO THE COMMISSIONER OF HEALTH. FOR PURPOSES OF THIS SUBDIVISION "ESTAB-
LISHED PATIENT" MEANS A PATIENT THAT THE PHYSICIAN HAS: ASSUMED THE
RESPONSIBILITY FOR MAKING MEDICAL JUDGMENTS REGARDING THE HEALTH OF THE
PATIENT; SUFFICIENT KNOWLEDGE OF THE PATIENT TO INITIATE AT LEAST A
GENERAL OR PRELIMINARY DIAGNOSIS OF THE MEDICAL CONDITION OF THE
PATIENT; AND HAD AT LEAST ONE IN-PERSON VISIT WITH THE PATIENT WITHIN
THE PAST YEAR. THE PHYSICIAN SHALL BE READILY AVAILABLE FOR FOLLOW-UP
EVALUATION AND OVERSIGHT OF TREATMENT AND OUTCOMES OF THE PATIENT AND
SHALL MAINTAIN SUCH PATIENT'S RECORDS IN ACCORDANCE WITH APPLICABLE LAW.
(A) PRIOR TO COMMENCING PRACTICE PURSUANT TO THIS SUBDIVISION:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11038-02-3
A. 7447--A 2
(1) SUCH PHYSICIAN SHALL PROVIDE WRITTEN NOTIFICATION, IN A FORM AND
FORMAT ACCEPTABLE TO THE DEPARTMENT, THAT SUCH PHYSICIAN INTENDS TO
PRACTICE IN THE STATE OF NEW YORK PURSUANT TO SUCH RECIPROCAL AGREEMENT;
(2) SUCH PHYSICIAN MUST PROVIDE THE DEPARTMENT WITH EVIDENCE THAT SUCH
PHYSICIAN IS CURRENTLY LICENSED AND IN GOOD STANDING IN THE RECIPROCAL
STATE AND ATTEST THAT THE STATE OF NEW YORK IS NOT THEIR PRIMARY STATE
OF PRACTICE AND THAT THEY DO NOT MAINTAIN AN OFFICE OR PLACE TO MEET
PATIENTS OR RECEIVE CALLS WITHIN THE STATE OF NEW YORK;
(3) SUCH PHYSICIAN SHALL PAY A FEE DETERMINED BY THE DEPARTMENT; AND
(4) SUCH PHYSICIAN'S NAME SHALL BE PUBLISHED ON THE DEPARTMENT'S
WEBSITE.
(B) ANY PHYSICIAN WHO PRACTICES IN THE STATE OF NEW YORK PURSUANT TO
THIS SUBDIVISION SHALL CONSENT TO ALL THE FOLLOWING AS A CONDITION OF
SUCH PRACTICE:
(1) TO THE PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY
AUTHORITY OF THE BOARD OF REGENTS, THE BOARD OF PROFESSIONAL MEDICAL
CONDUCT AND THE DEPARTMENT OF HEALTH AS IF THE PHYSICIAN IS A NEW YORK
STATE LICENSEE;
(2) TO 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 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;
(3) TO THE APPOINTMENT OF THE SECRETARY OF STATE OR OTHER PUBLIC OFFI-
CIAL ACCEPTABLE TO THE DEPARTMENT, IN THE PHYSICIAN'S STATE OF LICENSURE
AS THE PHYSICIAN'S AGENT UPON WHOM PROCESS MAY BE SERVED IN ANY ACTION
OR PROCEEDING BY THE DEPARTMENT AGAINST SUCH PHYSICIAN; AND
(4) TO ANY SUCH ADDITIONAL CONDITIONS OR REQUIREMENTS DETERMINED BY
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH.
(C) THE AUTHORIZATION FOR ANY PHYSICIAN LICENSED IN ANOTHER STATE OR
TERRITORY OF THE UNITED STATES TO PRACTICE IN NEW YORK STATE PURSUANT TO
THIS SUBDIVISION SHALL EXPIRE ANNUALLY, UNLESS RENEWED.
§ 2. Subdivision 2 of section 2999-cc of the public health law is
amended by adding a new paragraph (aa) to read as follows:
(AA) A PHYSICIAN PRACTICING PURSUANT TO A RECIPROCAL AGREEMENT WITH
THE COMMISSIONER OF EDUCATION UNDER SUBDIVISION ELEVEN OF SECTION
SIXTY-FIVE HUNDRED TWENTY-SIX OF THE EDUCATION LAW.
§ 3. This act shall take effect immediately.