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Medical Licensure

NYS Education Law Article 131 Summary

The practice of the profession of medicine is defined as diagnosing, treating, operating or prescribing for any human disease, pain, injury, deformity or physical condition.

The New York State Medical Board consists of 20 physicians, who have been licensed in New York State for at least five years. Two of the physicians must be DO’s. Two PAs are also on the board. The State Medical Board is appointed by the Board of Regents.

Requirements for New York State medical licensure:

  • MD or DO degree
  • ≥ 21 years old
  • Pass an examination satisfactory to the Board (Presumably this refers to USMLE or COMLEX)
  • US Citizen or Permanent Resident
         a. Exceptions
              i. Three year waiver for an alien physician to practice in a medically underserved area
              ii. Can be extended while working towards citizenship
              iii. Can be extended for the holder of an H-1b or O-1 visa,
  • Payment of the appropriate fees
         a. All fees are waived if the physician will only practice medicine without compensation
  • Updated physician profile

Limited permits can also be issued in New York State. These can be given to physicians who meet requirements for medical licensure but have not passed the appropriate exams or are not US citizens/permanent residents. Physicians holding limited permits can only practice medicine under the supervision of a licensed physician in a public, voluntary, or proprietary hospital. Limited permits are valid for two years.

The following people can practice medicine in New York State without a New York State license:

  • Residents practicing in a public hospital under the supervision of a licensed physician
  • A physician licensed in another state/country providing consultation to another physician in New York State
  • A physician licensed in another state/country coming to New York State for teaching or learning medicine
  • A physician authorized by a foreign government to provide care to diplomatic, consular or maritime staffs
  • A physician working for VA hospitals
  • A dentist training other dentists in anesthesia

A physician providing emergency care at the scene of an accident is not liable for damages unless due to gross negligence.

Physicians are exempt from monetary liability for providing a, “recommendation or evaluation, regarding the qualifications, fitness, or professional conduct or practices of a physician.”

For additional information on New York State medical license laws, go to http://www.op.nysed.gov/prof/med/medlic.htm