Legislation

Search OpenLegislation Statutes
This entry was published on 2019-09-06
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 6526
Exempt persons
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 131
§ 6526. Exempt persons. The following persons under the following
limitations may practice medicine within the state without a license:

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; or

8. 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) 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 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 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.