N.Y. Education Law § 6524: Requirements for a professional license

§ 6524. Requirements for a professional license. 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 a

noncitizen lawfully admitted for permanent residence in the United

States; provided, however that the board of regents may grant a three

year waiver for a noncitizen 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 a noncitizen 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.