Section 6524. Requirements for a professional license  


Latest version.
  • 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
      an alien lawfully admitted for permanent residence in the United States;
      provided,  however  that  the  board  of  regents may grant a three year
      waiver for an alien 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  an alien 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.