Provides that limited permits to practice medicine may be renewed biennially; expands the types of facilities where permitees may practice; authorizes permits to be renewed at the discretion of the department of education; provides that such department shall not deny a limited permit based solely on the previous number of authorizations of such permits issued to the applicant.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5238
SPONSOR: Reyes TITLE OF BILL:
An act to amend the education law, in relation to limited permits to
practice medicine
PURPOSE OF BILL:
To clarify areas of authorized practice and to ensure no limitations are
placed on the renewal of limited permits to practice medicine.
SUMMARY OF PROVISIONS:
Section 1 amends the Education Law to outline areas of authorized prac-
tice, the duration of limited permits, and to ensure no limitations are
placed on their biennial renewal.
Section 2 states the effective date.
JUSTIFICATION:
According to the Migration Policy Institute there are 12,300 under- or
unemployed internationally trained immigrants and refugees with a bach-
elor's degree or higher in health across New York State. With a shortage
of doctors within New York State, international medical graduates exist
as an untapped supply for our health workforce. Limited medical
permits, the only permit to practice available to foreign health work-
ers, last for two years with renewal at the discretion of the depart-
ment.
Current law considers the following persons eligible for a limited
permit: a person who fulfills physician licensing requirements except
those relating to the examination and citizenship or permanent residence
in the United States; a foreign physician who holds a standard certif-
icate from the educational council for foreign medical graduates (ECFMG)
or who has passed an examination satisfactory to the state board for
medicine in accordance with the commissioner's regulations; or a foreign
physician or intern in the United States on a non-immigration visa for
the continuation of medical study.
With the current limiting of permit renewals, foreign health workers can
only serve our health workforce and state for a limited time after which
their skills and expertise can no longer be used in our most vulnerable
communities. This bill would address this by expanding places of prac-
tice for permittees and ensuring no caps are placed on the renewal of
limited permits to practice medicine.
PRIOR LEGISLATIVE HISTORY:
2023-2024 - A8382A/S7002B
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
5238
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to limited permits to
practice medicine
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2 and 3 of section 6525 of the education law,
2 as added by chapter 987 of the laws of 1971, are amended to read as
3 follows:
4 2. Limit of practice. A permittee shall be authorized to practice
5 medicine only under the supervision of a licensed physician and only in:
6 (a) a public, voluntary, or proprietary hospital;
7 (b) a patient care facility operated by or for any federally recog-
8 nized American Indian tribe, a prison, a school, or a university;
9 (c) a community health center or federally qualified health center; or
10 (d) a private office or clinic with at least four practicing supervis-
11 ing licensed physicians, operating on a two to one supervision ratio of
12 two permittees per physician.
13 3. Duration. A limited permit shall be valid for two years and may be
14 renewed biennially. [It may be renewed biennially at the discretion of
15 the department] Permits may be renewed at the discretion of the depart-
16 ment, provided, however, that the department shall not deny a limited
17 permit based solely on the previous number of authorizations that the
18 department has issued to the applicant.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07986-01-5
