§ 224 — Prohibitions

§ 224. Prohibitions. 1. a. No individual, association, partnership or\ncorporation not holding university, college or other degree conferring\npowers by special charter from the legislature of this state or from the\nregents, shall confer any degree or use, advertise or transact business\nunder the name university or college, or any name, title or descriptive\nmaterial indicating or tending to imply that said individual,\nassociation, partnership or corporation conducts, carries on, or is a\nschool of law, medicine, dentistry, pharmacy, veterinary medicine,\nnursing, optometry, podiatry, architecture or engineering, unless the\nright to do so shall have been granted by the regents in writing under\ntheir seal.\n b. Notwithstanding any other provision of law to the contrary, no\nindividual, association, partnership or corporation operating an\ninstitution on a for-profit basis and holding degree-conferring powers\ngranted by the regents pursuant to this subdivision shall, through a\nchange of ownership or control, convey, assign or transfer such\ndegree-conferring authority without the consent of the regents. For\npurposes of this subdivision, a change of ownership or control shall\ninclude, but shall not be limited to, merger or consolidation with any\ncorporation; sale, lease, exchange or other disposition of all or\nsubstantially all of the assets of the institution; and the transfer of\na controlling interest of the stock of a corporation.\n 2. No person shall buy, sell or fraudulently or illegally make or\nalter, give, issue or obtain or attempt to obtain by fraudulent means\nany diploma, certificate or other instrument purporting to confer any\nliterary, scientific, professional or other degree, or to constitute any\nlicense, or a duplicate thereof, or any certificate of registration, or\nto certify to the completion in whole or in part of any course of study\nin any university, college, academy or other educational institution.\n 3. No person, firm, association or corporation shall offer or\notherwise advertise a college degree in the state of New York without\nthe prior written approval of the department, in accordance with the\nregulations of the commissioner of education, unless the institution\noffering or advertising such a degree is accredited by at least one\naccrediting commission recognized by the United States commissioner of\neducation as a reliable authority for the purpose of accreditation at\nthe post secondary level or unless the program leading to such degree is\nregistered with the department of education of the state of New York. A\nviolation of this subdivision is a violation punishable by a fine not to\nexceed five hundred dollars. Any newspaper or other advertising medium\nwhich carries said advertisement shall be exempt from the provisions of\nthis subdivision.\n 3-a. Notwithstanding the provisions of subdivision three of this\nsection, the commissioner of education, boards of education, school\nauthorities, or authorized school officers shall not be required to\naccept for purposes of certification, recertification, licensure,\nappointment, promotional increment, or salary differential for pedagogic\npersonnel, any diploma, degree or course credit from a university,\ncollege, academy, school or other institution of learning located\noutside the state of New York if such diploma, degree or course credit\nwas granted without the requirement of on-campus attendance and if\ninstruction and testing was transacted primarily by correspondence.\n Any person making application for certification, recertification,\nlicensure, appointment, promotional increment or salary differential may\nbe required by the commissioner, or by boards of education, school\nauthorities or authorized school officers to submit a signed statement\nor affidavit as part of such application to identify any diploma, degree\nor course credit which was granted by a university, college, academy,\nschool or other institution of learning located outside the state of New\nYork if such diploma, degree or course credit was granted without the\nrequirement of on-campus attendance and if instruction and testing was\ntransacted primarily by correspondence. A willful and wrongful\nmisrepresentation on such application shall constitute grounds for\ndisciplinary action in accordance with the provisions of this chapter,\nthe rules of the regents, the regulations of the commissioner, or the\nby-laws, rules or regulations of such school authorities.\n The provisions of this subdivision shall not apply to any diploma,\ndegree or course credit completed before the effective date of this\nsubdivision.\n 4. No diploma or degree shall be conferred in this state except by a\nregularly organized institution of learning meeting all requirements of\nlaw and of the university, nor shall any person, with intent to deceive,\nfalsely represent himself to have received any such degree or\ncredential, nor shall any person append to his name any letters in the\nsame form registered by the regents as entitled to the protection\naccorded to university degrees, unless he shall have received from a\nduly authorized institution the degree or certificate for which the\nletters are registered. Counterfeiting or falsely or without authority\nmaking or altering in a material respect any such credential issued\nunder seal shall be a felony; any other violation of this section shall\nbe a misdemeanor; and any person who aids or abets another, or\nadvertises or offers himself to violate the provisions of this section,\nshall be liable to the same penalties.\n