S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1259
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. PAULIN, JONES, LUPARDO, JACOBSON -- read once and
   referred to the Committee on Higher Education
 
 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.
                                                            LBD03864-01-5
 A. 1259                             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.