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This entry was published on 2022-12-16
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SECTION 6524
Requirements for a professional license
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 131
§ 6524. Requirements for a professional license. To qualify for a
license as a physician, an applicant shall fulfill the following
requirements:

(1) Application: file an application with the department;

(2) Education: have received an education, including a degree of
doctor of medicine, "M.D.", or doctor of osteopathy, "D.O.", or
equivalent degree in accordance with the commissioner's regulations;

(3) Experience: have experience satisfactory to the board and in
accordance with the commissioner's regulations;

(4) Examination: pass an examination satisfactory to the board and in
accordance with the commissioner's regulations;

(5) Age: be at least twenty-one years of age; however, the
commissioner may waive the age requirement for applicants who have
attained the age of eighteen and will be in a residency program until
the age of twenty-one;

(6) Citizenship or immigration status: be a United States citizen or a
noncitizen lawfully admitted for permanent residence in the United
States; provided, however that the board of regents may grant a three
year waiver for a noncitizen physician to practice in an area which has
been designated by the department as medically underserved, except that
the board of regents may grant an additional extension not to exceed six
years to a noncitizen physician to enable him or her to secure
citizenship or permanent resident status, provided such status is being
actively pursued; and provided further that the board of regents may
grant an additional three year waiver, and at its expiration, an
extension for a period not to exceed six additional years, for the
holder of an H-1b visa, an O-1 visa, or an equivalent or successor visa
thereto;

(7) Character: be of good moral character as determined by the
department; and

(8) Fees: pay a fee of two hundred sixty dollars to the department for
admission to a department conducted examination and for an initial
license, a fee of one hundred seventy-five dollars for each
reexamination, a fee of one hundred thirty-five dollars for an initial
license for persons not requiring admission to a department conducted
examination, a fee of five hundred seventy dollars for any biennial
registration period commencing August first, nineteen hundred ninety-six
and thereafter. The comptroller is hereby authorized and directed to
deposit the fee for each biennial registration period into the special
revenue funds-other entitled "professional medical conduct account" for
the purpose of offsetting any expenditures made pursuant to section two
hundred thirty of the public health law in relation to the operation of
the office of professional medical conduct within the department of
health, provided that for each biennial registration fee paid by the
licensee using a credit card, the amount of the administrative fee
incurred by the department in processing such credit card transaction
shall be deposited by the comptroller in the office of the professions
account established by section ninety-seven-nnn of the state finance
law. The amount of the funds expended as a result of such increase shall
not be greater than such fees collected over the registration period.

(9) For every license or registration issued after the effective date
of this subdivision, an additional fee of thirty dollars shall be paid
and deposited in the special revenue fund entitled "the professional
medical conduct account" for the purpose of offsetting any expenditures
made pursuant to subdivision fifteen of section two hundred thirty of
the public health law. The amount of such funds expended for such
purpose shall not be greater than such additional fees collected over
the licensure period or for the duration of such program if less than
the licensure period.

(10) A physician shall not be required to pay any fee under this
section if he or she certifies to the department that for the period of
registration or licensure, he or she shall only practice medicine
without compensation or the expectation or promise of compensation. The
following shall not be considered compensation for the purposes of this
subdivision: (a) nominal payment solely to enable the physician to be
considered an employee of a health care provider, or (b) providing
liability coverage to the physician relating to the services provided.

(11) No physician may be re-registered unless he or she, as part of
the re-registration application, includes an attestation made under
penalty of perjury, in a form prescribed by the commissioner, that he or
she has, within the six months prior to submission of the
re-registration application, updated his or her physician profile in
accordance with subdivision four of section twenty-nine hundred
ninety-five-a of the public health law.