Rules of the Board of Regents
Part 24, Committee on the Professions
§24.1 Membership. | §24.2 Purpose. | §24.3 Standards. | §24.4 Review of appeals - education or experience. | §24.5 Review of appeals - license surrender and restoration. | §24.6 Review of questions of moral character. | §24.7 Review in other cases. | §24.8 Unacceptable practice protocols. | §24.9 Reconsideration.
The Committee on the Professions shall consist of three department officers designated by the Board of Regents pursuant to section 6506(10) of the Education Law.
The Committee on the Professions shall review and make recommendations or determinations in licensing and disciplinary matters as provided in this Part or pursuant to referrals from the Board of Regents.
The Committee on the Professions shall review and determine questions of the preprofessional or professional education of applicants for licensure or other authorizations to practice in accordance with the following standards.
- Preprofessional education.
- The Committee on the Professions may accept graduation from a professional program which is either registered by the department or nationally accredited in lieu of a maximum of six semester hours of preprofessional education.
- The Committee on the Professions may accept postsecondary study satisfactory to the department and performed after completion of professional study requirements in lieu of a maximum of 30 semester hours of required preprofessional study.
- Professional education. As the equivalent of a professional
program registered by the department, the Committee on the Professions
may accept a professional program which is:
- offered by an institution accredited by an accrediting organization acceptable to the department or recognized by appropriate civil authorities of the country in which the school is located as an acceptable program of preparation for professional practice;
- designed and conducted by the degree-granting institution to prepare graduates for the professional practice of the profession in the State or country in which the institution is located; and
- demonstrated to be the substantial equivalent in scope, content and resources to a program meeting the requirements established by Part 52 of this Title for the registration of a professional licensure qualifying program in the State.
- Waiver of citizenship requirement for an alien physician. The
Committee on the Professions shall be authorized to grant a one-time
three-year waiver of the citizenship requirement for medical
licensure to an alien physician, provided that such applicant:
- applies for medical licensure;
- meets all requirements for a medical license except citizenship;
- agrees to maintain lawful immigration status; and
- agrees to practice in an area which has been designated by the State Education Department as medically underserved.
The Committee on the Professions may review and determine appeals for licensing determinations of the department staff relating to education or experience requirements if the chairman of the committee determines that the appeal involves a substantial or novel question which should be reviewed by the committee.
The Committee on the Professions shall review and determine appeals pursuant to section 18.7 of this Title relating to the voluntary surrender and restoration of licenses.
The Committee on the Professions shall review and determine questions of moral character, and evaluate and determine an applicant’s qualifications to practice the licensed professions based upon a prior disciplinary history, in accordance with the provisions of Part 28 of this Title.
- The Committee on the Professions shall review and submit its
recommendation to the Board of Regents for final determinations
in the following cases:
- applications pursuant to Education Law, section 6506(5), for the waiver of an education, experience or examination requirement on the ground that the requirement has been substantially met; and
- petitions for restoration of a professional license which
has been revoked or surrendered pursuant to sections 6510
or 6510-a of the Education Law or Title II-A of Article 2
of the Public Health Law. For individuals served prior to
June 20, 1997 with an order of revocation, acceptance of
surrender, or denial of an application for restoration or
reinstatement by vote of the Board of Regents, at least one
year shall have elapsed from the date of such service for
the acceptance by the department of a petition to the Board
of Regents for restoration of a license or certificate, except
that a period of time during which the license was suspended
during the pendency of the discipline proceeding may reduce
the one-year waiting period. For individuals served on or
after June 20, 1997 with an order of revocation, acceptance
of surrender, or denial of an application for restoration
or reinstatement by vote of the Board of Regents, at least
three years shall have elapsed from the date of such service
for the acceptance by the department of a petition to the
Board of Regents for restoration of a license or certificate,
except that a period of time during which the license was
suspended during the pendency of the discipline proceeding
may reduce the three-year waiting period. This section shall
not apply to restoration of licenses which have been temporarily
surrendered pursuant to Education Law, section 6510-b, or
Public Health Law, section 230(13).
- An applicant may submit a response to the Committee on the Professions' recommendation to the Board of Regents, provided that such response shall not contain any new evidentiary material. Any response filed under this subparagraph shall be filed no later than 15 days following the postmarked date of the written notification of the decision or recommendation of the Committee on the Professions.
- If an applicant has failed to remain current with developments in the profession, and a substantial question is presented as to the applicant's current fitness to enter into the active practice of the profession, the Board of Regents may require that the applicant take and obtain satisfactory grades on a proficiency examination satisfactory to the department prior to the issuance of a license or limited permit.
- An applicant shall pay to the department a fee of $750 at the time he or she submits an application for the restoration of a professional license, which has been revoked or surrendered as prescribed in this paragraph.
- The Committee shall review and determine whether to agree to
- a statement upon which an application for a consent order is based and proposed penalty, pursuant to section 17.5 of this Title; and
- a statement upon which an application to surrender a license is based, pursuant to section 17.6 of this Title.
The Committee on the Professions shall review and determine appeals from findings of unacceptable practice protocols involving nurse practitioners and collaborating physicians.
An application for reconsideration of a determination made by the Committee on the Professions or by the Board of Regents following a Committee on the Professions recommendation may be accepted upon a showing that the original action was based on an error of law, or that there is new and material evidence which was not previously available, or that circumstances have changed subsequent to the original determination.