Regulations of the Commissioner

Part 60 Medicine, Physician Assistant, Specialist Assistant and Acupuncture

Effective April 8, 2011

60.1 Professional study of medicine | 60.2 Clinical clerkships | 60.3 Experience | 60.4 Licensing examinations | 60.5 License by endorsement | 60.6 Limited permits | 60.7 Definitions relating to limited permits and persons exempt from licensure | 60.8 Registration of physician assistants or specialist assistants | 60.9 Acupuncture | 60.10 Standards and process for the approval of international medical schools to place students in long-term clinical clerkships in New York State

§60.1 Professional study of medicine.

  1. To meet the preprofessional and the professional education requirement for licensure in this State, the applicant shall present evidence of:
    1. the completion of two years of preprofessional education acceptable to the department;
    2. the completion of a curriculum of not less than 32 months in length in a medical program registered by the department, accredited by an accrediting organization acceptable to the department, or recognized by the appropriate civil authorities of the country in which the school is located as an acceptable educational program for physicians or the completion of a medical program registered by the department or accredited by an accrediting organization acceptable to the department in which the student received advanced standing for prior academic work;
    3. having received, from a school offering a program which meets the requirements of paragraph (2) of this subdivision, the degree doctor of medicine or doctor of osteopathic medicine or the equivalent as determined by the department; and
    4. having obtained a passing score on a satisfactory proficiency examination, if the program of medical education is completed in a medical school not registered by the department or determined by the department to be equivalent to a registered program; provided, however, that a satisfactory diplomate certificate earned by examination may be accepted for the required proficiency examination.
  2. Courses failed in a school of medicine, for which credit has been granted toward meeting the requirements of a medical degree by another school of medicine, may not be counted toward meeting the requirements of this Part.
  3. A clinical clerkship may be part of a program of study subject to the provisions of section 60.2 of this Part.

§60.2 Clinical clerkships.

  1. Definitions: As used in this Part:
    1. Clinical clerkship as used in this Part shall mean a supervised educational experience which is part of the clinical component of a program of undergraduate medical education, which takes place in a general hospital or in an equivalent health organization acceptable to the department and which is performed in accordance with all requirements of the jurisdiction in which such facility is located.
    2. Long-term clinical clerkship shall mean a clinical clerkship which, in the aggregate of all clerkship experience received during two academic years, exceeds 12 weeks.
  2. Students enrolled in medical programs registered by the department or determined by the department to be equivalent to such programs, or students whose clerkships shall not exceed an aggregate of 12 weeks in two academic years may serve in clinical clerkships.
  3. Except as provided in subdivision (b) of this section, students enrolled in medical programs not registered by the department may serve in clinical clerkships in teaching hospitals in this State provided that:
    1. the student was engaged in a clinical clerkship in this State prior to May 1, 1981;
    2. the student was enrolled in the medical school on or before September 25, 1980 and has provided evidence of having obtained a satisfactory score on the medical sciences knowledge profile examination taken prior to July 1, 1985, a passing score on Part I of the Foreign Medical Graduate Examination in the Medical Sciences (FMGEMS), or an acceptable score on a satisfactory equivalent examination;
    3. the student was enrolled in the medical school after September 25, 1980 and has provided evidence of having obtained a satisfactory score on the medical sciences knowledge profile examination taken prior to July 1, 1985, a passing score on Part I of the Foreign Medical Graduate Examination in the Medical Sciences (FMGEMS), or an acceptable score on a satisfactory equivalent examination, provided that the program in the medical school attended has been determined by the department, after a site visit conducted at the expense of the applicant by persons designated by the department and experienced in medical program evaluation, to meet substantially the requirements of section 60.1(a)(1) of this Part and of Parts 50 and 52 of this Title except any provision thereof that states or implies that a particular form of governing body is required, and provided further that formal agreements satisfactory to the department have been executed between the medical school and the hospital(s) in which students from the school are to be engaged in clinical clerkships, which specify responsibility for planning, managing and supervising clerkships in each subject area, and further that the department shall be notified by the medical school of any changes in such agreements, including termination or the initiation of new agreements; or
    4. the student was enrolled in the medical school after September 25, 1980 but before May 1, 1981 and has provided evidence of having obtained a satisfactory score on the medical sciences knowledge profile examination taken prior to July 1, 1985, a passing score on Part I of the Foreign Medical Graduate Examination in the Medical Sciences (FMGEMS), or an acceptable score on a satisfactory equivalent examination and the medical school in which he is enrolled has submitted a formal application for approval pursuant to paragraph (3) of this subdivision.
    5. The satisfactory score specified in paragraphs (2), (3) and (4) of this subdivision shall be a score comparable to the performance on Part I of the National Board of Medical Examiners examination of students who attend medical schools registered by the department or accredited by an accrediting organization acceptable to the department.
  4. A clinical clerkship may be performed only in a clinical subject or subjects in which the teaching hospital has a residency program accredited by the Accreditation Council on Graduate Medical Education, or an equivalent accrediting agency acceptable to the department, or which is part of such a program through affiliation(s) approved by the Accreditation Council on Graduate Medical Education, or an equivalent agency acceptable to the department. The requirements of this subdivision shall not apply to students who were engaged in clinical clerkships in this State prior to May 1, 1981. To engage in a clerkship which, in the aggregate of all clerkship experience during two academic years, will not exceed 12 weeks, the student shall present a letter of eligibility if issued by the department.
  5. No teaching hospital shall be under obligation by virtue of these regulations to accept medical students in clinical clerkships, and any medical school or teaching hospital may impose standards for admission to clinical clerkships which exceed the standard set forth in this section.
  6. Establishment of Advisory Committee on Long-Term Clinical Clerkships.
    1. Upon consultation with the Board of Regents, the Chancellor shall appoint an Advisory Committee on Long-Term Clinical Clerkships. The Committee shall serve in a consultative and advisory capacity on matters pertaining to the standards and process for approving international medical schools to place their students in long-term clinical clerkships in New York State and shall perform such specific tasks as are assigned by the Department or the Board of Regents.
    2. Composition of the committee. The committee shall consist of:
      1. one member of the Board of Regents, who will serve as co-chair of the committee along with the chairperson of the State Board for Medicine;
      2. the chairperson of the State Board for Medicine or another member of the such board designated by the chairperson, who will serve as co-chair of the committee along with the member of the Board of Regents;
      3. the Executive Secretary of the State Board for Medicine, who shall be a non-voting member of the committee;
      4. one representative of the Department of Health;
      5. two physicians who are experienced in the evaluation of medical education programs;
      6. two representatives of international medical schools approved by the Department or Board of Regents to place their students in long-term clinical clerkships in New York State;
      7. two representatives of medical schools registered in New York State; and
      8. two representatives from hospitals that serve as sites for clinical clerkships in New York State.
    3. Terms of members. The terms of the members of the first committee appointed pursuant to subparagraphs (v) through (viii) of paragraph (1) of this subdivision shall be so arranged that the terms of two members shall expire on June 30, 2013, the terms of two on June 30, 2014, and the terms of two on June 30, 2015, and the terms of two on June 30, 2016. Thereafter, all members appointed pursuant to subparagraphs (v) through (viii) of paragraph (1) of this subdivision shall be appointed to serve a term of four years each, beginning with the first day of July next following the ending of the term to which each, respectively, is to succeed, except that an appointment to fill a vacancy created other than by the expiration of a term shall be for the unexpired term. Members shall serve no more than two terms in succession, except that a member may serve a succeeding third term if at least one of the preceding two terms was less than two years in duration. Members may again serve two terms in succession after a gap in service of at least four years.
    4. Duties of the Advisory Committee on Long-Term Clinical Clerkships. The committee shall gather and study existing research on relevant issues, such as health workforce demands and trends, health workforce diversity and Board of Regents policy determinations. Based on such research and policy determinations, the committee shall:
      1. make recommendations regarding the standards to be applied in assessing applications by international medical schools for approval to place their students in long-term clinical clerkships in New York State;
      2. make recommendations regarding the process to be followed in assessing such applications for approval to place their students in long-term clinical clerkships;
      3. appoint an appropriate site review team from a roster of individuals approved by the committee; and
      4. after consideration of the site review report, issue a report and recommendation, with minority opinions reflected, as to whether an application for placement of students in a long-term clinical clerkship should be approved.
    5. After consideration of the committee’s recommendations, the Department shall make a recommendation to the Board of Regents as to whether an application for authorization to place students in a long-term clinical clerkship should be approved. Upon approval by the Board of Regents, the medical school shall be authorized to place students in long-term clinical clerkships in New York State pursuant to standards and/or limitations prescribed by the Board of Regents.
    6. Until the Board of Regents approves the new standards and processes for approval for the placement of students in international medical schools in long-term clinical clerkships, schools currently approved for such purpose will continue to be subject to the current standards and processes prescribed in subdivision (c) of this section.

§60.3 Experience.

  1. For issuance of a license to practice medicine, all applicants who make application for licensure after July 1, 1985 shall have completed at least one year of postgraduate hospital training acceptable to the department, except as otherwise provided in subdivision (b) of this section.
  2. For issuance of a license to practice medicine, graduates of medical education programs neither registered by the department nor accredited by an accrediting organization acceptable to the department, except those applicants seeking licensure pursuant to section 6528 of the Education Law, shall meet the following requirements:
    1. those individuals who complete medical education and make application for licensure to the department prior to July 1, 1981, shall have completed two years of postgraduate hospital training satisfactory to the department, provided that graduates of schools designated by the department shall be exempted from the second year of required hospital training; and
    2. those individuals who make application for licensure on or after July 1, 1981, shall have completed at least three years of postgraduate training approved by the Accreditation Council on Graduate Medical Education or the American Osteopathic Association or their predecessors or successors.
  3. A year of postgraduate training shall mean a period of not less than the equivalent of 11 calendar months of full-time experience after passing an acceptable proficiency examination. A graduate entering the licensing examination pursuant to this section may sit for the examination following completion of undergraduate medical education but prior entry into the required postgraduate training.
  4. Fellowships in the United States or Canada which are clinical in nature or postgraduate hospital training obtained in a country in which such training is regulated by an organization designated as responsible for quality assurance that has been approved by the Board of Regents, may be accepted by the Committee on the Professions toward meeting the postgraduate training requirement. Fellowships determined to be other than clinical or postgraduate hospital training obtained outside the United States or Canada may be accepted on a pro rata basis at the discretion of the Committee on the Professions, based on the content of the experience as compared to the experience obtained in the postgraduate training prescribed in subdivision (b)(2) of this section.
  5. A diplomate certificate satisfactory to the department and earned by examination may be accepted for one year of the required postgraduate hospital training.

§60.4 Licensing examinations.

  1. An applicant who is a graduate of a medical school may fulfill the examination requirements for licensure by submitting evidence of having achieved grades acceptable to the State Board for Medicine on:
    1. all parts of the three-part Federation Licensing Examination (FLEX); or
    2. both Component I and Component II of the two-component Federation Licensing Examination (FLEX); or
    3. all parts of the examination of the National Board of Medical Examiners, Inc.; or
    4. all parts of the examination of the National Board of Osteopathic Medical Examiners, Inc. given after January 1, 1972; or
    5. examinations of other states given prior to January 1, 1972, which are satisfactory to the State Board for Medicine; or
    6. all steps of the United States Medical Licensing Examination; or
    7. Part I of the examination of the National Board of Medical Examiners or Step 1 of the United States Medical Licensing Examination, and Part II of the examination of the National Board of Medical Examiners or Step 2 of the United States Medical Licensing Examination, and Part III of the examination of the National Board of Medical Examiners or Step 3 of the United States Medical Licensing Examination; or
    8. Component I of the Federation Licensing Examination (FLEX) and Step 3 of the United States Medical Licensing Examination; or
    9. Component II of the Federation Licensing Examination (FLEX); and
      1. Parts I and II of the examination of the National Board of Medical Examiners; or
      2. Steps 1 and 2 of the United States Medical Licensing Examination; or
      3. Part I of the examination of the National Board of Medical Examiners and Step 2 of the United States Medical Licensing Examination; or
      4. Step 1 of the United States Medical Licensing Examination and Part II of the examination of the National Board of Medical Examiners.
  2. A graduate of a registered or accredited college of osteopathic medicine who has obtained grades on Parts I and II of the examination of the National Board of Osteopathic Medical Examiners, Inc. which meet New York State standards for licensure but who, after completing nonosteopathic postgraduate training, is refused admission to Part III of that examination by the National Board of Osteopathic Medical Examiners, Inc., may satisfy the licensing examination requirement in this State by obtaining grades satisfactory to the State Board for Medicine on the clinical competence portion of a Federation Licensing Examination or on Step 3 of the United States Medical Licensing Examination.
  3. Passing score.
    1. The passing score in any group of basic science, clinical science or clinical competence subjects of the three-part Federation Licensing Examination shall be 75.0, provided that in the computation of final average score, additional weight may be assigned to the clinical subjects. A final weighted average score of 75.0 shall be required for passing. In the event the candidate does not achieve a final weighted average score of 75.0, a reexamination shall be required.
    2. The passing score on FLEX Component I and Component II shall be 75.0 in each component.
  4. A completed application for initial admission to the licensing examination and all supporting documents shall be filed with the department not less than 90 days prior to the date of the examination. An application for admission to subsequent examinations shall be filed with the department not less than 60 days prior to the date of the examination.

§60.5 License by endorsement.

  1. Endorsement of foreign licenses. A medical license or registration certificate granted in a foreign country in which licensure or registration is regulated by an organization designated as responsible for quality assurance of licensees and acceptable to the Board of Regents, may be accepted by the department for licensure in New York State if the applicant:
    1. is eligible for admission to the medical licensing examination;
    2. has acceptable grades on a clinical competency examination acceptable to the department or has a diplomate certificate which was obtained on the basis of satisfying the experience and examination requirements established by a recognized organization responsible for specialty certification;
    3. is in possession of the appropriate medical license or certificate from that country;
    4. presents evidence satisfactory to the department of completion of the postgraduate training required by section 60.3 of this Part; and
    5. has not less than five years of satisfactory professional experience or practice following licensure or registration.
  2. Endorsement of licenses of other states or Canadian provinces.
    1. A medical license issued by another state or political subdivision of the United States or by a Canadian province may be endorsed by the department for practice in New York if the applicant:
      1. is eligible for admission to the New York State medical licensing examination;
      2. has completed not less than two years of satisfactory professional experience; and
      3. either:
        1. has achieved grades satisfactory to the State Board for Medicine on a medical licensing examination which meets New York standards for licensure as provided in section 60.4 of this Part; or
        2. has achieved grades satisfactory to the State Board for Medicine on a state medical licensing examination given prior to January 1, 1972 which is equivalent in all parts, except for the clinical competency component, to the examination leading to licensure set forth in section 60.4 of this Part, provided that the applicant has obtained a diplomate certificate which was obtained on the basis of satisfying the experience and examination requirements established by a recognized organization responsible for specialty certification in a field of medicine, such as the American Board of Internal Medicine or an equivalent organization; or
        3. has achieved grades satisfactory to the State Board for Medicine on the licensing examination of The Medical Council of Canada.
    2. The department may license an applicant who:
      1. has been licensed to practice medicine in another jurisdiction of the United States or its territories as a result of an examination the scope and content of which are found by the State Board for Medicine to be equivalent to the licensing examination in New York State;
      2. has achieved a grade on such examination which is acceptable for licensure in such state or territory and which is not more than one percentage point below the weighted average required for licensure in New York;
      3. submits satisfactory evidence of at least seven years of experience, following licensure; and
      4. meets all other requirements for licensure in New York State.

§ 60.6 Limited permits.

For renewal of a limited permit in medicine the department may accept satisfactory evidence of personal or family illness or extenuating circumstances preventing the candidate from taking the licensing examination, or satisfactory performance on a significant part of the New York State licensing examination in medicine, provided that such permit shall not be renewed for more than 24 months.


§60.7 Definitions relating to limited permits and persons exempt from licensure.

  1. The words hospital, as used in subdivision (2) of section 6525, and public hospital, as used in subdivision (1) of section 6526 of the Education Law, shall be construed to include a general hospital as defined by Public Health Law, section 2801(10), a psychiatric center operated by the State Office of Mental Health, a developmental center operated by the State Office of Mental Retardation and Developmental Disabilities, an alcohol treatment center operated by the State Office of Alcoholism and Substance Abuse Services, a nursing home, a facility licensed pursuant to article 31 of the Mental Hygiene Law for the care and treatment of persons with mental illness and approved by the State Office of Mental Health, or an incorporated nonprofit home or institution for the care of the chronically ill approved by the State Department of Health.
  2. The word resident as used in subdivision (1) of section 6526 of the Education Law shall be construed to include interns, employed in a public hospital, who are graduates of medical schools located outside the United States and Canada and who hold the standard certificate of the Educational Council for Foreign Medical Graduates.

§60.8 Registration of physician assistants or specialist assistants.

  1. General requirements. An applicant for registration as a physician assistant or specialist assistant shall submit the required application form to the department and shall have met the requirements of section 6541 of the Education Law.
  2. Professional study.
    1. An applicant who has completed a program for the training of physician assistants or specialist assistants, which has been approved by the department, shall be eligible for registration.
    2. An applicant who has completed a program for the training of physician assistants or specialist assistants outside New York State shall be eligible for registration if the applicant meets the requirements of section 6541 of the Education Law and the program is determined by the department to be substantially equivalent to programs registered in New York State.
    3. Equivalent education and training. In lieu of all or part of a registered program for the training of physician assistants or specialist assistants, the commissioner may accept evidence of an extensive health oriented education and of appropriate experience and training. The commissioner may require such an applicant to pass an examination acceptable to the department as set forth in subdivision (c) of this section and to make up any deficiencies in education or experience prior to registration.
  3. An applicant for registration as a physician assistant shall provide evidence of having obtained a passing score on an examination acceptable to the department. The examination requirement shall apply to all applicants for initial registration whose applications are received on or after January 1, 1991 and shall also apply to any applicant whose acceptable educational program was completed after January 1, 1991 regardless of the applicant's date of application. The department shall accept passing grades on an examination that adequately assesses entry level skills for the profession of physician assistant and does not unreasonably restrict access to the profession.
  4. Permits limited as to eligibility, practice and duration, shall be issued by the department to eligible applicants as follows:
    1. A person who fulfills all requirements for registration as a physician assistant except that relating to the examination shall be eligible for a limited permit.
    2. A permittee shall be authorized to practice as a physician assistant only under the direct supervision of a licensed physician.
    3. A limited permit shall expire one year from the date of issuance or upon notice to the permittee by the department that the application for registration has been denied. A limited permit shall be extended upon application for one additional year in accordance with the requirements of section 6548(3) of the Education Law. If the permittee is awaiting the results of a licensing examination at the time such limited permit expires, such permit shall continue to be valid until ten days after notification to the permittee of the result of such examination.
  5. Registration designations. Registration as a specialist assistant shall be for a particular field of practice as defined by the Commissioner of Health pursuant to section 3701 of the Public Health Law.

§ 60.9 Acupuncture.

  1. To practice acupuncture as a physician, dentist or specialist assistant-acupuncture in New York State, a person shall possess one of the following credentials:
    1. a license to practice medicine or dentistry and a certificate to practice acupuncture issued pursuant to paragraph (b)(1) of this section; or
    2. a registration as a specialist assistant-acupuncture, pursuant to Education Law, section 6541 and the requirements of paragraph (b)(2) of this section.
  2. Qualifications for practice.
    1. For a certificate to practice acupuncture, the applicant shall:
      1. possess a license to practice medicine or dentistry;
      2. have completed at least 200 hours of instruction in programs in acupuncture registered by the department, or in programs determined by the department to be the equivalent of registered programs, and at least 100 hours of supervised experience acceptable to the department. Instruction shall consist of:
        1. at least 100 hours of instruction and clinical demonstrations in general and basic aspects of acupuncture;
        2. at least 100 hours of sequential specialized instruction in specific uses and techniques of acupuncture. Topics of instruction shall include indications and contraindications for acupuncture administration, techniques for locating acupuncture points, needling and stimulating techniques, and trainee participation in administration of acupuncture in clinical demonstrations; and
        3. at least 100 hours of supervised experience acceptable to the department and under the supervision of a currently registered physician or dentist certified in acupuncture; and
      3. pay the fees specified in section 59.9(e) of this Title.
    2. For registration as a specialist assistant-acupuncture, the applicant shall:
      1. satisfy the education and training requirements set forth in subparagraph (1)(ii) of this subdivision;
      2. have graduated from a school of medicine or a school of traditional oriental medicine, herb medicine or acupuncture acceptable to the department;
      3. have at least five years of experience in the use of acupuncture;
      4. pay the fees specified in section 6541 of the Education Law.
    3. Examination requirement. The department, in its discretion, may require the passing of an examination in acupuncture as an additional qualification of any applicant for certification or registration who is unable to submit satisfactory evidence of the education and training requirements set forth in subparagraph (1)(ii) of this subdivision, but who meets all other requirements for an authorization to practice acupuncture.

  3. §60.10 Standards and process for the approval of international medical schools to place students in long-term clinical clerkships in New York State.

    1. General requirements. To meet the requirements for approval to place students in long-term clinical clerkships in New York State, an international medical school shall meet the requirements in this section.
    2. Duration of approval. Based upon a review conducted pursuant to this section, initial and subsequent approvals of a school shall be for a term of 7 years unless otherwise limited to a lesser period for good cause, and such approvals may be subject to certain limitations and restrictions as determined by the Board of Regents. The term of approval may be extended by the Board of Regents on one or more occasions for a period not to exceed 12 months on each occasion for good cause.
    3. Approval standards. In addition to any applicable requirements in section 60.2 of this Part, in order to be approved to place students in long-term clinical clerkships in New York State, the institution shall meet the following requirements:
      1. Recognition by appropriate authorities of country. The international medical school shall be recognized by the appropriate civil authorities of the country in which the school is located as an acceptable educational program for physicians, and graduates of the program shall be eligible to pursue licensure or other authorization to practice medicine in such country.
      2. Institutional mission and objective.
        1. The medical school shall be organized and have in place a planning process that sets forth the responsibilities of all sectors of the school community and that sets the direction for its program and results in measurable outcomes.
        2. The medical school shall have in place a system with central oversight to define the objectives of its program in outcome-based terms that facilitate assessment of student progress in developing essential physician competencies, and such objectives shall be made available to all medical students and to the faculty, residents, and others with direct responsibilities for medical student education and assessment.
      3. Faculty. The medical school shall have a sufficient number of appropriately qualified faculty members to meet the needs and missions of the program. The school shall provide for each faculty member regularly scheduled assessments of his or her academic performance. All faculty members shall be provided with opportunities to develop their skills as medical educators.
      4. Curriculum.
        1. The medical education program shall provide at least 130 weeks of instruction, and the curriculum of the medical school shall provide a general professional education and prepare medical students for entry into graduate medical education in any discipline.
        2. The curriculum of the medical school shall incorporate the fundamental principles of medicine and its underlying scientific concepts; promote the development of skills of critical judgment based on evidence and experience; and develop medical students' abilities to use such principles and skills in solving problems of health and disease.
        3. The medical school curriculum shall include didactic and clinical instruction necessary for students to become competent practitioners of contemporary medicine, including communication skills as they relate to physician responsibilities.
        4. The medical school curriculum shall include clinical experience in a broad cross-section of areas, including, but not limited to, primary care. All clinical experiences shall be designed and implemented in such a manner as to ensure that students perform appropriate and progressive clinical responsibilities, and, regardless of the setting in which they are undertaken, shall be supervised by individuals appointed to the faculty of the medical school.
        5. The medical school shall provide instruction in medical ethics and human values, including, but not limited to, ethical principles in caring for patients and in relating to patients' families and to others involved in patient care.
        6. The medical school shall demonstrate that there is integrated institutional responsibility for the overall design, management, and evaluation of a coherent and coordinated curriculum. The medical school faculty shall design, monitor, and periodically review and revise the objectives, content, and pedagogy of each segment of a medical school’s curriculum, as well as of the curriculum as a whole.
        7. The medical school shall demonstrate that it provides comparable educational experiences and equivalent methods of assessment across all instructional sites within a given discipline.
      5. Assessment of student performance. The medical school shall have a system in place for the effective assessment of medical student performance throughout the program. The system of student assessment shall employ a variety of measures of knowledge, skills, behaviors, and attitudes.
      6. Administration.
        1. Responsibilities.
          1. The chief academic officer of the medical school shall be responsible for the conduct and quality of the educational program and for ensuring the adequacy of resources, including faculty, at all instructional sites, and shall be given explicit authority to facilitate change in the medical program and to otherwise carry out his or her responsibilities for management and evaluation of the curriculum.
          2. Within the authority of the governing entity, the medical school shall collect and use a variety of outcome data, including accepted norms of accomplishment, to demonstrate the extent to which its educational objectives are being met, and shall engage in an ongoing systematic process to assess student achievement, program effectiveness, and opportunities for improvement.
          3. At least every other year, the medical school shall publish, either in print or online, information on policies and procedures on academic standards, grading, attendance, tuition and fees, refund policy, student promotion, retention, graduation, academic freedom, students’ rights and responsibilities including a grievance policy and appeal procedures, the school’s criteria for selecting students for admission, the application and admission processes, and other information pertinent to the student body.
          4. The medical school shall provide clinical clerkships in accordance with affiliation agreements that define the responsibilities of each party related to the educational program for medical students and section 60.2(d) of this Part. Such clerkships shall be conducted at health care settings in which there is appropriate oversight and supervision. The educational program for medical students shall remain under the control of the school’s faculty at each instructional site, and such faculty shall monitor medical student experiences and modify them as necessary to ensure that the objectives of the medical school are met. The medical school shall inform the Department of the clinical facilities with which it has affiliation agreements and of anticipated changes in its affiliation agreements or the affiliation status the clinical facilities.
        2. Qualifications.
          1. The chief official of the medical school and the other members of the school administration shall be qualified by education and experience to provide leadership in medical education, scholarly activity, and patient care.
          2. The medical school shall have a sufficient number of appropriately qualified administrators to meet the needs and missions of the program.
      7. Admission. The medical school shall develop criteria, policies, and procedures for the selection of medical students that are readily available to potential and current applicants and their collegiate advisors. Such criteria, policies, and procedures shall be developed to select students who possess the intelligence, integrity, and personal and emotional characteristics necessary for them to become effective physicians.
      8. Student support services. The medical school shall have an effective system of academic advising and personal and career counseling for medical students that integrates the efforts of faculty members, course directors, and student affairs officers with its counseling and tutorial services.
      9. Published policies.
        1. The medical school shall establish, and make available to all sectors of the school community, policies regarding the standards of conduct for the faculty-student relationship, the standards and procedures for the assessment, advancement, and graduation of its medical students, and the standards and procedures for disciplinary action.
        2. Medical student educational records shall be confidential and shall be maintained in a manner that will ensure confidentiality as well as the accuracy of such records. Such records shall only be made available to those members of the faculty and administration and other administrative bodies or committees with a need to know, unless released by the medical student or as otherwise governed by laws concerning confidentiality. A medical student enrolled in the medical school shall be allowed to review the content and challenge information contained in his or her records if he or she considers the information contained therein to be inaccurate, misleading, or inappropriate.
      10. Resources. The medical school shall have sufficient resources, including, but not limited to, buildings, equipment, and didactic and clinical instructional resources, to achieve its educational and other goals.
    4. Procedures for approval.
      1. Application.
        1. In order to obtain approval by the Board of Regents to place students in long-term clinical clerkships in New York State, an international medical school shall submit an application, on a form prescribed by the Department. Applications shall remain in active status for three years from the date of receipt of such application. If the school fails to complete all requirements for approval within three years from the date of receipt of such application, the application may be deemed expired. If the school subsequently wishes to re-apply for approval, the school shall submit a new application with the required documentation. Institutions seeking renewal of approval shall submit a letter of intent to seek such renewal at least 18 months prior to the end date of the current approval period, provided, however, that, for good cause shown, the Department may accept a letter of intent at a later time.
        2. Self-study. A school shall be required to conduct and submit with its application for approval a self-study, substantiating compliance with the standards for approval set forth in this section and plans for improvements pertinent to such standards. Upon request from the Department, the institution shall submit supplemental materials.
      2. Site visit.
        1. When the Advisory Committee has made a preliminary determination that the application has adequately addressed the standards for approval set forth in this section, a site visit will be scheduled, and the Advisory Committee will designate a site visit team of no less than three members, selected from a list of qualified medical education program evaluators developed and maintained by the Department.
        2. During the site visit, the medical school and its program will be reviewed to verify, clarify and update the representations contained within the application and any supporting documents. The medical school will bear the burden of demonstrating satisfactory compliance with the approval standards set forth in this section.
      3. Site visit report and recommendation. The site visit team shall prepare a site visit report and recommendation and provide a copy to the medical school prior to review by the Advisory Committee. The school shall be provided with an opportunity to respond to such report and recommendation and shall submit its response within 30 days after its receipt of the report. The response to the site visit report and recommendation shall be delivered to the Department no less than 60 days prior to the Advisory Committee meeting at which the medical school’s application is scheduled to be considered. Unless good cause is shown, failure to file a timely response as prescribed herein may result in forfeiture of the school’s right to respond. In the case of new applications, failure to comply may result in the postponement of the consideration of the school’s application.
      4. Advisory Committee.
        1. The Advisory Committee shall review the site review team’s report and recommendation and any written submission by the school and the record upon which the site review team made its recommendation, including, but not limited to, the institution’s self-study, the institution’s application for approval, and any additional documentation submitted by the institution in support of the application. The Advisory Committee shall base its determination only upon the record before it.
        2. Upon completion of its review, the Advisory Committee shall forward a report and recommendation to the Board of Regents. The Advisory Committee shall send a copy of its report and recommendation to the school by first class mail, return receipt requested and to the Board of Regents. The report shall include a recommendation to approve or deny the authority of the school to place students in long-term clinical clerkships in New York State and provide the rationale for the recommendation, reflecting majority and minority opinions.
      5. Board of Regents.
        1. The Board of Regents may review:
          1. the report and recommendation of the Advisory Committee;
          2. the record upon which the Advisory Committee made its recommendation, including, but not limited to, the site visit report and recommendation, the self study, the school’s application for approval, and any additional documentation submitted by the institution in support of the application;
          3. any response submitted by the school to the report and recommendation of the Advisory Committee, provided that such submission shall be limited to a discussion of the documentary material already submitted and shall not contain new documentary material.
        2. Based on the record described in subparagraph (i) of this paragraph, the Board of Regents will make a final determination on the application.
    5. Annual Report. No later than September 30 of each year, an international medical school that has been approved to place its students in long-term clinical clerkships in New York shall submit an annual report in a form prescribed by the Department. Upon receipt of the annual report, if the Advisory Committee determines that there may be a substantial change in the approved medical education program that could result in non-compliance with any of the approval standards set forth in this section, the Advisory Committee may recommend corrective action which may include a site visit, additional reporting requirements, submission of a new application and/or self-study, or revocation of approval or placement in probationary status by the Board of Regents.
    6. Revocation of approval or placement in probationary status. Upon a finding of substantial non-compliance with the approval standards set forth in this section, the Department or Advisory Committee may at any time during the approval period recommend to the Board of Regents that the approval be revoked or that the school be placed in probationary status in accordance with the following procedure:
      1. The Department or the Advisory Committee shall provide written notice to the school of its recommendation to revoke the school’s approval or place the school in probationary status and the reasons therefor.
      2. The school may reply to such notification within 30 days. If no reply is received, the recommendation shall be forwarded to the Board of Regents for action.
      3. If a reply is received, such reply and the Department’s or Advisory Committee’s recommendation shall be forwarded to the Board of Regents for action thereon. Based on such recommendation and/or reply, the Board of Regents may:
        1. revoke the school’s approval, subject to any conditions set by the Board of Regents;
        2. continue its approval;
        3. modify the time period for approval; and/or
        4. place the school in probationary status.
      4. For purposes of this section, placement in probationary status shall mean the continued approval of the school by the Board of Regents for a specified period of time and subject to certain limitations, restrictions and/or remediation action as prescribed by the Board of Regents.
    7. Reporting requirements.
      1. The institution and /or school shall submit any reports requested by the Department, the Advisory Committee and/or the Board of Regents.
      2. The institution and/or school shall notify the Department of any denial, withdrawal, suspension, revocation, or termination of recognition, approval, accreditation or any other adverse action by any other body against the institution and/or school within 72 hours after receiving official notification of that action by providing to the Department a copy of such action.
Last Updated: September 17, 2012