(f) Establishment of Advisory Committee on Long-Term Clinical Clerkships.

(1) …

(2) …

(3) [Terms of members. The terms of the members of the first committee appointed pursuant to subparagraphs (2)(v) through (viii) 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 (2)(v) through (viii) 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:

(i) …

(ii) …

(iii) …

(iv) …

[(5)] (4) 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)] (5) 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.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rulemaking authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Subdivisions (3) and (4) of section 605 of the Education Law authorize the Board of Regents to award professional education in medicine or dentistry scholarships and Regents physician shortage scholarships annually.

Subdivision (1) of section 6501 of the Education Law establishes the licensure requirements for the professions in Title VIII of the Education Law.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Subdivision (1) of section 6506 of the Education Law authorizes the Board of Regents to supervise the admission to the practice of the professions and to promulgate rules to carry out such supervision.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.

Subdivision (1) of section 6508 authorizes the Board of Regents, on the recommendation of the Commissioner of Education to appoint a board for each profession for the purpose of assisting the Board of Regents and the Department on matters of professional licensing, practice, and conduct.

Section 6524 of the Education Law establishes the requirements for licensure as a physician.

Section 6525 of the Education Law establishes the limited permit requirements for applicants for licensure as physicians.

Section 6526 of the Education Law establishes the exemptions under persons may practice medicine within New York without a license.

Section 6541 of the Education Law establishes the requirements for licensure as a physician assistant.

Section 6548 of the Education Law establishes the requirements for registration as a specialist assistant.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the legislative intent of the aforementioned statutes that the Board of Regents and the Department regulate the admission to and the practice in the professions, as well as the Board of Regents’ authority create the Advisory Committee on Long-Term Clinical Clerkships (Committee), establish the composition of the Committee, set the terms of the Committee members, define the duties of the Committee, and establish the procedure for consideration of the Committee’s recommendations by the Department and the Board of Regents.

The proposed amendment to paragraph (3) of subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education removes provisions prohibiting members of the Committee from serving more than two terms in succession. This revision would allow the Chancellor, upon consultation with the Board of Regents, to appoint members to the Committee for as many four-year terms as deemed appropriate to most effectively advise the Board of Regents and the Department 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. Removing these artificially imposed term limits will allow the Chancellor and the Board of Regents to have greater flexibility in providing the Committee with the expertise needed to address issues that arise in the Committee’s work or that are assigned to it by the Department or the Board of Regents, while still retaining the ability to appoint additional Committee members as needed.

3. NEEDS AND BENEFITS:

At its meeting in February 2011, the Board of Regents approved a plan for the establishment of an advisory committee on clinical clerkships in medicine. To implement that plan, subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education was adopted, as an emergency measure, by the Board of Regents at its April 2011 and June 2011 meetings. Subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education created the Advisory Committee on Long-Term Clinical Clerkships (Committee), established the composition of the Committee, set the terms of the Committee members, defined the duties of the Committee, and established the procedure for consideration of the Committee’s recommendations by the Department and the Board of Regents. It was adopted as a permanent rule at the July 2011 Regents meeting. Subsequently, by emergency action in September 2013, the regulation was amended, to increase from one to two the number of Regents sitting on the Committee and authorize the Chancellor to appoint additional Committee members, upon consultation with the Board. Such amendments were permanently adopted in December 2013. The members of the Committee are appointed by the Chancellor of the Board of Regents, upon consultation with the Board.

The duties of the Committee include:

• recommending standards and procedures for the approval of international medical schools to place students in long-term clinical clerkships;

• appointing appropriate site review teams in connection with applications for such approval; and

• issuing reports and recommendations on such applications.

Currently, the members of the Committee are permitted to 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 are permitted to again serve two terms in succession after a gap in service of at least four years.

The proposed amendment would remove such provisions prohibiting members of the Committee from serving more than two terms in succession. This revision would allow the Chancellor, upon consultation with the Board of Regents, to appoint members to the Committee for as many four-year terms as deemed appropriate to most effectively advise the Board of Regents and the Department 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. Removing these artificially imposed term limits will allow the Chancellor and the Board of Regents to have greater flexibility in providing the Committee with the expertise needed to address issues that arise in the Committee’s work or that are assigned to it by the Department or the Board of Regents, while still retaining the ability to appoint additional Committee members as needed.

4. COSTS:

The proposed amendment removes provisions prohibiting members of the Committee from serving more than two terms in succession, which allows the Chancellor, upon consultation with the Board of Regents, to appoint members to the Committee for as many four-year terms as deemed appropriate to most effectively advise the Board of Regents and the Department 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. By removing these artificially imposed term limits, the proposed amendment provides the Chancellor and the Board of Regents with greater flexibility in providing the Committee with the expertise needed to address issues that arise in the Committee’s work or that are assigned to it by the Department or the Board of Regents, while still retaining the ability to appoint additional Committee members as needed. The proposed amendment imposes no costs on any parties.

(a) Costs to State government. There are no additional costs to State government.

(b) Costs to local government. There are no additional costs to local government.

(c) Costs to private regulated parties. There are no additional costs to private regulated parties.

(d) Costs to the regulatory agency. There are no additional costs to the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any program, service, duty, or responsibility on local governments.

6. PAPERWORK:

The proposed amendment imposes no new forms, reporting requirements, or other recordkeeping or paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate any other existing State or federal requirements.

8. ALTERNATIVES:

The proposed amendment to paragraph (3) of subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education arose out of concerns that the Chancellor and the Board of Regents needed greater flexibility in providing the Committee with the expertise needed to address issues that arise in the Committee’s work or that are assigned to it by the Department or the Board of Regents 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. Currently, the members of the Committee are permitted to 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 are permitted to again serve two terms in succession after a gap in service of at least four years.

By removing the provisions prohibiting members of the Committee from serving more than two terms in succession, the Chancellor, upon consultation with the Board of Regents, will be able to appoint members to the Committee for as many four-year terms as deemed appropriate to most effectively advise the Board of Regents and the Department 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. Removing these artificially imposed term limits will allow the Chancellor and the Board of Regents to have greater flexibility in providing the Committee with the expertise needed to address issues that arise in the Committee’s work or that are assigned to it by the Department or the Board of Regents, while still retaining the ability to appoint additional Committee members as needed. There are no significant alternatives to the proposed amendment and none were considered.

9. FEDERAL STANDARDS:

No Federal standards apply to the subject of this proposed rule making. The Federal government does not regulate the establishment of State advisory committees on clinical clerkships in medicine or their composition, the terms of their committee members or their committee duties. Since there are no applicable federal standards, the proposed amendment does not exceed any minimum federal standards for the same or similar subject areas.

10. COMPLIANCE SCHEDULE:

If adopted at the June 2020 Regents meeting, the proposed amendment will become effective on June 24, 2020. It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

At its meeting in February 2011, the Board of Regents approved a plan for the establishment of an advisory committee on clinical clerkships in medicine. To implement that plan, subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education was adopted, as an emergency measure, by the Board of Regents at its April 2011 and June 2011 meetings. Subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education created the Advisory Committee on Long-Term Clinical Clerkships (Committee), established the composition of the Committee, set the terms of the Committee members, defined the duties of the Committee, and established the procedure for consideration of the Committee’s recommendations by the Department and the Board of Regents. It was adopted as a permanent rule at the July 2011 Regents meeting. Subsequently, by emergency action in September 2013, the regulation was amended, to increase from one to two the number of Regents sitting on the Committee and authorize the Chancellor to appoint additional Committee members, upon consultation with the Board. Such amendments were permanently adopted in December 2013. The members of the Committee are appointed by the Chancellor of the Board of Regents, upon consultation with the Board.

The duties of the Committee include:

• recommending standards and procedures for the approval of international medical schools to place students in long-term clinical clerkships;

• appointing appropriate site review teams in connection with applications for such approval; and

• issuing reports and recommendations on such applications.

Currently, the members of the Committee are permitted to 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 are permitted to again serve two terms in succession after a gap in service of at least four years.

The proposed amendment to paragraph (3) of subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education removes provisions prohibiting members of the Committee from serving more than two terms in succession. This revision would allow the Chancellor, upon consultation with the Board of Regents, to appoint members to the Committee for as many four-year terms as deemed appropriate to most effectively advise the Board of Regents and the Department 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. Removing these artificially imposed term limits will allow the Chancellor and the Board of Regents to have greater flexibility in providing the Committee with the expertise needed to address issues that arise in the Committee’s work or that are assigned to it by the Department or the Board of Regents, while still retaining the ability to appoint additional Committee members as needed.

The proposed amendment is applicable to all international medical schools seeking approval to place their students in long-term clinical clerkships in New York State. The proposed amendment will not impose any new reporting, recordkeeping or any other compliance requirements, or have any adverse economic impact, on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not adversely affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.

At its meeting in February 2011, the Board of Regents approved a plan for the establishment of an advisory committee on clinical clerkships in medicine. To implement that plan, subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education was adopted, as an emergency measure, by the Board of Regents at its April 2011 and June 2011 meetings. Subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education created the Advisory Committee on Long-Term Clinical Clerkships (Committee), established the composition of the Committee, set the terms of the Committee members, defined the duties of the Committee, and established the procedure for consideration of the Committee’s recommendations by the Department and the Board of Regents. It was adopted as a permanent rule at the July 2011 Regents meeting. Subsequently, by emergency action in September 2013, the regulation was amended, to increase from one to two the number of Regents sitting on the Committee and authorize the Chancellor to appoint additional Committee members, upon consultation with the Board. Such amendments were permanently adopted in December 2013. The members of the Committee are appointed by the Chancellor of the Board of Regents, upon consultation with the Board.

The duties of the Committee include:

• recommending standards and procedures for the approval of international medical schools to place students in long-term clinical clerkships;

• appointing appropriate site review teams in connection with applications for such approval; and

• issuing reports and recommendations on such applications.

Currently, the members of the Committee are permitted to 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 are permitted to again serve two terms in succession after a gap in service of at least four years.

The proposed amendment to paragraph (3) of subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education removes provisions prohibiting members of the Committee from serving more than two terms in succession. This revision would allow the Chancellor, upon consultation with the Board of Regents, to appoint members to the Committee for as many four-year terms as deemed appropriate to most effectively advise the Board of Regents and the Department 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. Removing these artificially imposed term limits will allow the Chancellor and the Board of Regents to have greater flexibility in providing the Committee with the expertise needed to address issues that arise in the Committee’s work or that are assigned to it by the Department or the Board of Regents, while still retaining the ability to appoint additional Committee members as needed.

The proposed amendment is applicable to all international medical schools seeking approval to place their students in long-term clinical clerkships in New York State. The proposed amendment does not impact entities in rural areas of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on entities in rural areas and none were taken. Thus, a rural area flexibility analysis is not required and one has not prepared.

At its meeting in February 2011, the Board of Regents approved a plan for the establishment of an advisory committee on clinical clerkships in medicine. To implement that plan, subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education was adopted, as an emergency measure, by the Board of Regents at its April 2011 and June 2011 meetings. Subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education created the Advisory Committee on Long-Term Clinical Clerkships (Committee), established the composition of the Committee, set the terms of the Committee members, defined the duties of the Committee, and established the procedure for consideration of the Committee’s recommendations by the Department and the Board of Regents. It was adopted as a permanent rule at the July 2011 Regents meeting. Subsequently, by emergency action in September 2013, the regulation was amended, to increase from one to two the number of Regents sitting on the Committee and authorize the Chancellor to appoint additional Committee members, upon consultation with the Board. Such amendments were permanently adopted in December 2013. The members of the Committee are appointed by the Chancellor of the Board of Regents, upon consultation with the Board.

The duties of the Committee include:

• recommending standards and procedures for the approval of international medical schools to place students in long-term clinical clerkships;

• appointing appropriate site review teams in connection with applications for such approval; and

• issuing reports and recommendations on such applications.

Currently, the members of the Committee are permitted to 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 are permitted to again serve two terms in succession after a gap in service of at least four years.

The proposed amendment to paragraph (3) of subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education removes provisions prohibiting members of the Committee from serving more than two terms in succession. This revision would allow the Chancellor, upon consultation with the Board of Regents, to appoint members to the Committee for as many four-year terms as deemed appropriate to most effectively advise the Board of Regents and the Department 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. Removing these artificially imposed term limits will allow the Chancellor and the Board of Regents to have greater flexibility in providing the Committee with the expertise needed to address issues that arise in the Committee’s work or that are assigned to it by the Department or the Board of Regents, while still retaining the ability to appoint additional Committee members as needed.

The proposed amendment will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement is not required and one has not prepared.