Bill Text: NY S07432 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes physicians licensed in another state or territory of the United States to practice time-limited follow-up care via telehealth in NYS pursuant to a reciprocal agreement; requires annual authorization.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S07432 Detail]
Download: New_York-2023-S07432-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7432--A 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. Section 6526 of the education law is amended by adding a 2 new subdivision 11 to read as follows: 3 11. Any physician who is licensed in another state or territory of the 4 United States may practice in the state of New York when such physi- 5 cian's state or other jurisdiction of licensure has entered into a 6 reciprocal agreement with the state of New York for purposes of permit- 7 ting such physicians to provide time-limited follow-up care via tele- 8 health as defined by the reciprocal agreement solely to such physician's 9 established patient or patients who reside permanently or temporarily 10 outside of the physician's home state of licensure. Such reciprocal 11 agreement shall be signed by the commissioner and the equivalent author- 12 ity in the reciprocal state. A copy of such agreement shall be provided 13 to the commissioner of health. For purposes of this subdivision "estab- 14 lished patient" means a patient that the physician has: assumed the 15 responsibility for making medical judgments regarding the health of the 16 patient; sufficient knowledge of the patient to initiate at least a 17 general or preliminary diagnosis of the medical condition of the 18 patient; and had at least one in-person visit with the patient within 19 the past year. The physician shall be readily available for follow-up 20 evaluation and oversight of treatment and outcomes of the patient and 21 shall maintain such patient's records in accordance with applicable law. 22 (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. LBD11038-03-3S. 7432--A 2 1 (1) such physician shall provide written notification, in a form and 2 format acceptable to the department, that such physician intends to 3 practice in the state of New York pursuant to such reciprocal agreement; 4 (2) such physician must provide the department with evidence that such 5 physician is currently licensed and in good standing in the reciprocal 6 state and attest that the state of New York is not their primary state 7 of practice and that they do not maintain an office or place to meet 8 patients or receive calls within the state of New York; 9 (3) such physician shall pay a fee determined by the department; and 10 (4) such physician's name shall be published on the department's 11 website. 12 (b) Any physician who practices in the state of New York pursuant to 13 this subdivision shall consent to all the following as a condition of 14 such practice: 15 (1) to the personal and subject matter jurisdiction and disciplinary 16 authority of the board of regents, the board of professional medical 17 conduct and the department of health as if the physician is a New York 18 state licensee; 19 (2) to comply with applicable provisions of this title, the public 20 health law, the rules of the board of regents, the state board for 21 professional medical conduct established pursuant to section two hundred 22 thirty of the public health law, and the regulations of the commissioner 23 and the commissioner of health, relating to professional misconduct, 24 disciplinary proceedings and penalties for professional misconduct; 25 (3) to the appointment of the secretary of state or other public offi- 26 cial acceptable to the department, in the physician's state of licensure 27 as the physician's agent upon whom process may be served in any action 28 or proceeding by the department against such physician; and 29 (4) to any such additional conditions or requirements determined by 30 the department, in consultation with the department of health. 31 (c) The authorization for any physician licensed in another state or 32 territory of the United States to practice in New York state pursuant to 33 this subdivision shall expire annually, unless renewed. 34 § 2. Subdivision 2 of section 2999-cc of the public health law is 35 amended by adding a new paragraph (aa) to read as follows: 36 (aa) a physician practicing pursuant to a reciprocal agreement with 37 the commissioner of education under subdivision eleven of section 38 sixty-five hundred twenty-six of the education law. 39 § 3. This act shall take effect immediately.
