§ 6524 — Requirements for a professional license

New York § 6524

• Jurisdiction: New York
• Law EDN: Education
• Title 8: The Professions
• Art. 131: Medicine

Text

§ 6524. Requirements for a professional license. To qualify for a\nlicense as a physician, an applicant shall fulfill the following\nrequirements:\n (1) Application: file an application with the department;\n (2) Education: have received an education, including a degree of\ndoctor of medicine, "M.D.", or doctor of osteopathy, "D.O.", or\nequivalent degree in accordance with the commissioner's regulations;\n (3) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations;\n (4) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n (5) Age: be at least twenty-one years of age; however, the\ncommissioner may waive the age requirement for applicants who have\nattained the age of eighteen and will be in a residency program until\nthe age of twenty-one;\n (6) Citizenship or immigration status: be a United States citizen or a\nnoncitizen lawfully admitted for permanent residence in the United\nStates; provided, however that the board of regents may grant a three\nyear waiver for a noncitizen physician to practice in an area which has\nbeen designated by the department as medically underserved, except that\nthe board of regents may grant an additional extension not to exceed six\nyears to a noncitizen physician to enable him or her to secure\ncitizenship or permanent resident status, provided such status is being\nactively pursued; and provided further that the board of regents may\ngrant an additional three year waiver, and at its expiration, an\nextension for a period not to exceed six additional years, for the\nholder of an H-1b visa, an O-1 visa, or an equivalent or successor visa\nthereto;\n (7) Character: be of good moral character as determined by the\ndepartment; and\n (8) Fees: pay a fee of two hundred sixty dollars to the department for\nadmission to a department conducted examination and for an initial\nlicense, a fee of one hundred seventy-five dollars for each\nreexamination, a fee of one hundred thirty-five dollars for an initial\nlicense for persons not requiring admission to a department conducted\nexamination, a fee of five hundred seventy dollars for any biennial\nregistration period commencing August first, nineteen hundred ninety-six\nand thereafter. The comptroller is hereby authorized and directed to\ndeposit the fee for each biennial registration period into the special\nrevenue funds-other entitled "professional medical conduct account" for\nthe purpose of offsetting any expenditures made pursuant to section two\nhundred thirty of the public health law in relation to the operation of\nthe office of professional medical conduct within the department of\nhealth, provided that for each biennial registration fee paid by the\nlicensee using a credit card, the amount of the administrative fee\nincurred by the department in processing such credit card transaction\nshall be deposited by the comptroller in the office of the professions\naccount established by section ninety-seven-nnn of the state finance\nlaw. The amount of the funds expended as a result of such increase shall\nnot be greater than such fees collected over the registration period.\n (9) For every license or registration issued after the effective date\nof this subdivision, an additional fee of thirty dollars shall be paid\nand deposited in the special revenue fund entitled "the professional\nmedical conduct account" for the purpose of offsetting any expenditures\nmade pursuant to subdivision fifteen of section two hundred thirty of\nthe public health law. The amount of such funds expended for such\npurpose shall not be greater than such additional fees collected over\nthe licensure period or for the duration of such program if less than\nthe licensure period.\n (10) A physician shall not be required to pay any fee under this\nsection if he or she certifies to the department that for the period of\nregistration or licensure, he or she shall only practice medicine\nwithout compensation or the expectation or promise of compensation. The\nfollowing shall not be considered compensation for the purposes of this\nsubdivision: (a) nominal payment solely to enable the physician to be\nconsidered an employee of a health care provider, or (b) providing\nliability coverage to the physician relating to the services provided.\n (11) No physician may be re-registered unless he or she, as part of\nthe re-registration application, includes an attestation made under\npenalty of perjury, in a form prescribed by the commissioner, that he or\nshe has, within the six months prior to submission of the\nre-registration application, updated his or her physician profile in\naccordance with subdivision four of section twenty-nine hundred\nninety-five-a of the public health law.\n