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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7447A
SPONSOR: Paulin TITLE OF BILL:
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
PURPOSE:
To authorize physicians licensed in another state or territory of the
United States to practice in New York State pursuant to a reciprocal
agreement.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1, of the bill amends the Education Law by adding a new subdivi-
sion to section 6526 allowing for any physician licensed in another
state or territory of the United States to practice in New York when
such physician's home state has entered into a reciprocal agreement with
New York to provide time-limited follow-up care via telehealth.
Section 2 amends paragraph 2 of section 2999-cc of the Public Health Law
to add a physician practicing under a reciprocal agreement to the defi-
nition of telehealth provider.
Section 3 of the bill sets the effective date.
JUSTIFICATION:
During the course of the pandemic certain flexibilities were implemented
through Executive Order allowing out-of-state physicians to provide
telehealth services to patients in New York. To ensure continued access
to health care and an appropriate transition timeline with the impending
end of administrative flexibilities to allow such services, it is neces-
sary to codify the ability for out of state physicians to continue
providing these services on a limited basis pursuant to an agreement
between New York State and the physician's state of licensure. This is
particularly important in light of the healthcare workforce challenges
that have long existed and were exacerbated and accelerated by the
pandemic.
Hospitals and other healthcare providers in New York are desperate for
staffing solutions to keep pace with the healthcare demands of their
communities especially, due to the historic nature of healthcare staff-
ing crisis.
This proposal would provide a solution that has come to be relied on by
New Yorkers and physicians during the pandemic. This will be particular-
ly helpful in rural areas of New York near the state's border where
hospitals and health systems collaborate and have relationships across
the borders.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7447--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 22, 2023
___________
Introduced by M. of A. PAULIN, FAHY, JONES -- read once and referred to
the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
LBD11038-02-3
A. 7447--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.
