S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7432--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2023
                                ___________
 
 Introduced  by Sens. MAY, MANNION -- read twice and ordered printed, and
   when printed to be committed to the Committee on Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education law and the public health law, in relation
   to the practice of physicians licensed in another state  or  territory
   of the United States pursuant to a reciprocal agreement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6526 of the education law is amended  by  adding  a
 new subdivision 11 to read as follows:
   11. ANY PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR TERRITORY OF THE
 UNITED  STATES  MAY  PRACTICE  IN THE STATE OF NEW YORK WHEN SUCH PHYSI-
 CIAN'S STATE OR OTHER JURISDICTION  OF  LICENSURE  HAS  ENTERED  INTO  A
 RECIPROCAL  AGREEMENT WITH THE STATE OF NEW YORK FOR PURPOSES OF PERMIT-
 TING SUCH PHYSICIANS TO PROVIDE TIME-LIMITED FOLLOW-UP  CARE  VIA  TELE-
 HEALTH AS DEFINED BY THE RECIPROCAL AGREEMENT SOLELY TO SUCH PHYSICIAN'S
 ESTABLISHED  PATIENT  OR  PATIENTS WHO RESIDE PERMANENTLY OR TEMPORARILY
 OUTSIDE OF THE PHYSICIAN'S HOME  STATE  OF  LICENSURE.  SUCH  RECIPROCAL
 AGREEMENT SHALL BE SIGNED BY THE COMMISSIONER AND THE EQUIVALENT AUTHOR-
 ITY  IN THE RECIPROCAL STATE. A COPY OF SUCH AGREEMENT SHALL BE PROVIDED
 TO THE COMMISSIONER OF HEALTH. FOR PURPOSES OF THIS SUBDIVISION  "ESTAB-
 LISHED  PATIENT"  MEANS  A  PATIENT  THAT THE PHYSICIAN HAS: ASSUMED THE
 RESPONSIBILITY FOR MAKING MEDICAL JUDGMENTS REGARDING THE HEALTH OF  THE
 PATIENT;  SUFFICIENT  KNOWLEDGE  OF  THE  PATIENT TO INITIATE AT LEAST A
 GENERAL OR  PRELIMINARY  DIAGNOSIS  OF  THE  MEDICAL  CONDITION  OF  THE
 PATIENT;  AND  HAD  AT LEAST ONE IN-PERSON VISIT WITH THE PATIENT WITHIN
 THE PAST YEAR. THE PHYSICIAN SHALL BE READILY  AVAILABLE  FOR  FOLLOW-UP
 EVALUATION  AND  OVERSIGHT  OF TREATMENT AND OUTCOMES OF THE PATIENT AND
 SHALL MAINTAIN SUCH PATIENT'S RECORDS IN ACCORDANCE WITH APPLICABLE LAW.
   (A) PRIOR TO COMMENCING PRACTICE PURSUANT TO THIS SUBDIVISION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11038-03-3
              

 S. 7432--A                          2
 
   (1) SUCH PHYSICIAN SHALL PROVIDE WRITTEN NOTIFICATION, IN A  FORM  AND
 FORMAT  ACCEPTABLE  TO  THE  DEPARTMENT,  THAT SUCH PHYSICIAN INTENDS TO
 PRACTICE IN THE STATE OF NEW YORK PURSUANT TO SUCH RECIPROCAL AGREEMENT;
   (2) SUCH PHYSICIAN MUST PROVIDE THE DEPARTMENT WITH EVIDENCE THAT SUCH
 PHYSICIAN  IS  CURRENTLY LICENSED AND IN GOOD STANDING IN THE RECIPROCAL
 STATE AND ATTEST THAT THE STATE OF NEW YORK IS NOT THEIR  PRIMARY  STATE
 OF  PRACTICE  AND  THAT  THEY DO NOT MAINTAIN AN OFFICE OR PLACE TO MEET
 PATIENTS OR RECEIVE CALLS WITHIN THE STATE OF NEW YORK;
   (3) SUCH PHYSICIAN SHALL PAY A FEE DETERMINED BY THE DEPARTMENT; AND
   (4) SUCH PHYSICIAN'S NAME  SHALL  BE  PUBLISHED  ON  THE  DEPARTMENT'S
 WEBSITE.
   (B)  ANY  PHYSICIAN WHO PRACTICES IN THE STATE OF NEW YORK PURSUANT TO
 THIS SUBDIVISION SHALL CONSENT TO ALL THE FOLLOWING AS  A  CONDITION  OF
 SUCH PRACTICE:
   (1)  TO  THE PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY
 AUTHORITY OF THE BOARD OF REGENTS, THE  BOARD  OF  PROFESSIONAL  MEDICAL
 CONDUCT  AND  THE DEPARTMENT OF HEALTH AS IF THE PHYSICIAN IS A NEW YORK
 STATE LICENSEE;
   (2) TO 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;
   (3) TO THE APPOINTMENT OF THE SECRETARY OF STATE OR OTHER PUBLIC OFFI-
 CIAL ACCEPTABLE TO THE DEPARTMENT, IN THE PHYSICIAN'S STATE OF LICENSURE
 AS  THE  PHYSICIAN'S AGENT UPON WHOM PROCESS MAY BE SERVED IN ANY ACTION
 OR PROCEEDING BY THE DEPARTMENT AGAINST SUCH PHYSICIAN; AND
   (4) TO ANY SUCH ADDITIONAL CONDITIONS OR  REQUIREMENTS  DETERMINED  BY
 THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH.
   (C)  THE  AUTHORIZATION FOR ANY PHYSICIAN LICENSED IN ANOTHER STATE OR
 TERRITORY OF THE UNITED STATES TO PRACTICE IN NEW YORK STATE PURSUANT TO
 THIS SUBDIVISION SHALL EXPIRE ANNUALLY, UNLESS RENEWED.
   § 2. Subdivision 2 of section 2999-cc of  the  public  health  law  is
 amended by adding a new paragraph (aa) to read as follows:
   (AA)  A  PHYSICIAN  PRACTICING PURSUANT TO A RECIPROCAL AGREEMENT WITH
 THE COMMISSIONER  OF  EDUCATION  UNDER  SUBDIVISION  ELEVEN  OF  SECTION
 SIXTY-FIVE HUNDRED TWENTY-SIX OF THE EDUCATION LAW.
   § 3. This act shall take effect immediately.