New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter B - Policies of the Board of Trustees › Part 340 - Plan For The Management Of Clinical Practice Income › Section 340.4 - Plan requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Any clinical practice management plan shall be consistent
					 with the following requirements:
(a)
				  Definitions.
(1) Chief administrative officer
				  shall mean the president. The president shall assure that no actions are taken
				  under the clinical practice plan that are inconsistent with the educational
				  mission of the college.
(2)
				  Clinical practice shall mean the act of providing all forms of medical and
				  health care, including patient consultations, and the act of performing
				  clinical investigation involving patients, for which acts a fee for
				  professional service is customarily charged. Clinical practice may be organized
				  along departmental, multi-departmental, or institutional-wide lines. Clinical
				  practice shall be restricted to facilities of a health sciences or medical
				  center, school of dentistry, College of Optometry, or affiliated institution
				  except:
(i) for unusual circumstances or
				  consultation;
(ii) during periods
				  of vacation, in the case of calendar year employees;
(iii) during the period following the
				  completion of professional obligation, in the case of academic year employees;
				  and
(iv) during such other times
				  mutually agreed upon by the employee and the chief administrative officer or
				  designee after discussion of elements, including but not necessarily limited to
				  institutional objectives and the employee's commitments as a faculty member to
				  instruction, research, clinical service and facility utilization.
(3) Clinical practice income shall
				  mean the income from fees for professional services rendered in connection with
				  clinical practice, including salaries paid by affiliated institutions, but
				  excluding any income derived from clinical practice at facilities other than
				  those of a health sciences or medical center, school of dentistry, College of
				  Optometry, or affiliated institution.
(i)
				  during an employee's vacation, in the case of calendar year
				  employees;
(ii) during the period
				  following the completion of professional obligation, in the case of academic
				  year employees; and
(iii) during
				  such other times as may be mutually agreed upon by the employee and the chief
				  administrative officer or designee after discussion of elements, including but
				  not necessarily limited to institutional objectives and the employee's
				  commitments as a faculty member to instruction, research, clinical service and
				  facility utilization. State basic annual salary, research grants, royalties,
				  honoraria for lectures and income unrelated to patient care are not considered
				  clinical practice income. The chief administrative officer or designee may, in
				  his discretion, waive from inclusion in clinical practice income salaries paid
				  by affiliated institutions to specific employees, if in his judgment it is in
				  the best interest of the institution; provided, however, such salaries shall be
				  included in determining maximum allowable compensation.
(4) Basic annual salary, for the limited
				  purpose of this Part, shall mean that salary which is obtained from the direct
				  appropriation of State monies for the purpose of paying wages which may not
				  exceed the maximum State salary for an employee's academic rank.