2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 131 - Medicine › 6526 - Exempt Persons.

§ 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)  (i)  A  person  who is currently licensed and in good standing in
another state or territory to practice as a physician and practicing  in
New  York state on May twenty-second, two thousand twenty-three pursuant
to the state disaster emergency declared by executive order four of  two
thousand  twenty-one  may be temporarily authorized to practice medicine
in the state of New York under the  supervision  of  a  New  York  state
licensed  and  registered  physician, provided such person: (1) filed an
application for  licensure  with  the  department  pursuant  to  section
sixty-five  hundred  twenty-four  of  this  article  that  is  pending a

determination; (2) has obtained the endorsement of an  employing  health
care  facility,  health  care  program,  or health care practice that is
authorized by New  York  state  law  to  provide  medical  services  and
acceptable  to  the department; (3) has graduated from a duly accredited
school of medicine located in the United States or Canada;  and  (4)  is
currently  board certified by a physician certification board acceptable
to the department.
(ii) Prior to commencing  temporarily  authorized  practice:  (1)  the
person  shall  file  an  application  for  licensure with the department
pursuant to section sixty-five hundred twenty-four of this article;  (2)
the  person  and  supervising  physician  shall  jointly provide written
notification to the department, in a form and format acceptable  to  the
department,  that  such  person  intends to practice in the state of New
York pursuant to  this  paragraph;  (3)  the  person  shall  pay  a  fee
determined by the department; and (4) the person's name must appear on a
list of persons authorized to temporarily practice medicine published on
the  department's  website. Such temporary authorization shall expire in
one hundred eighty days or ten days after notification that  the  person
does not meet the qualifications for licensure as a physician, whichever
shall  occur  first.  Persons  eligible  for the temporary authorization
pursuant to this paragraph shall  file  an  application  for  licensure,
provide  the  required  written  notification,  and  pay  a  fee  to the
department within thirty days of the effective date of  the  chapter  of
the laws of two thousand twenty-three that amended this subdivision, and
shall  not be authorized to temporarily practice until the person's name
appears on the lists  of  persons  authorized  to  temporarily  practice
published on the department's website.
(c) 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.   Failure   to  adhere  to  the  notification
provisions of paragraph  (b)  of  this  subdivision  may  be  considered
unauthorized  practice  pursuant to section sixty-five hundred twelve of
this title.
* NB Effective until June 22, 2024
* 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.
* NB Effective June 22, 2024