The proposed addition of section 60.13 to the Regulations of the Commissioner of Education implements Chapters 519 and 199 by, inter alia, defining a discrete sanctioned team sporting event as a separate and distinct team sporting event that occurs during a defined period of time in this State and whose participants include a United States sports team recognized by the United States Olympic committee or out-of-state secondary school, institution of postsecondary education, or professional athletic organization sports team. The proposed amendment also subjects the team physician to the personal and subject matter jurisdiction and disciplinary and regulatory authority of the Board of Regents and the State Board for Professional Medical Conduct established pursuant to section two hundred thirty of the public health law as if he or she is a licensee and as if the exemption established pursuant to subdivision (10) of section 6526 of the Education Law is a license. The proposed amendment further requires team physicians to comply with the applicable provisions of Title VIII of the Education Law, the Public Health Law, the Rules of the Board of Regents, the State Board for Professional Medical Conduct, and the Regulations of the Commissioner of Education and the Commissioner of Health, relating to professional misconduct, disciplinary proceedings and penalties for professional misconduct.

The proposed amendment was presented to the Professional Practice Committee for recommendation and to the Full Board for adoption as an emergency action at the November 2019 meeting of the Board of Regents, effective November 5, 2019. Since the Board of Regents meets at fixed intervals, the earliest the proposed rule can be presented for permanent adoption, after expiration of the required 60-day comment period provided for in the State Administrative Procedure Act (SAPA) sections 201(1) and (5), would be the February 10-11, 2020 Regents meeting. Furthermore, pursuant to SAPA 203(1), the earliest effective date of the proposed rule, if adopted at the February meeting would be February 26, 2020, the date the Notice of Adoption would be published in the State Register. However, the November emergency rule will expire on February 2, 2020. If the rule were to lapse, it would impede the ability of physicians, who are licensed in another state or territory and meet certain requirements, to provide medical services to athletes and team personnel in New York State.

Therefore, a second emergency action is necessary at the January 2020 meeting for the preservation of the public health and general welfare in order to immediately conform the Regulations of the Commissioner of Education to the requirements of Chapters 519 and 199, which both became effective June 26, 2019, to permit physicians who are licensed in another state or territory to provide medical services to athletes and team personnel in New York State, as long as certain requirements are met and to ensure that the emergency adoption taken at the November meeting remains in effect until the proposed rule can be permanently adopted.

It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the February 10-11, 2020 Regents meeting, which is the first scheduled meeting after the 60-day public comment period prescribed in SAPA for State agency rule makings.

(1) for no more than five days before through three days after each discrete sanctioned team sporting event in this State; and

(2) at a discrete sanctioned team sporting event in this State, as defined in subdivision (b) of this section, provided such services are provided only to such athletes and team personnel at the discrete sanctioned team sporting event.

1. STATUTORY AUTHORITY:

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

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

Section 6506 of the Education Law authorizes the Board of Regents to supervise the admission to and the practice of the professions.

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.

Section 6510 of the Education Law establishes the proceedings in cases of professional misconduct.

Section 6521 of the Education Law defines the practice of medicine.

Section 6522 of the Education Law establishes that only a person licensed or otherwise authorized under Article 131 of the Education Law shall practice medicine or use the title “physician.”

Section 6526 of the Education Law, as amended by Chapter 519 of the Laws of 2018 and Chapter 199 of the Laws of 2019, establishes the exemption from licensure requirements for the profession of medicine, including, but, not limited to, permitting physicians who are licensed in another state or territory to provide medical services to athletes and team personnel in this State, if certain requirements are met.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to conform the Commissioner’s regulations to the amendments made to Education Law section 6526 by Chapters 519 and 199. The proposed amendment implements Chapter 519, which, inter alia, amended the Education Law to permit any physician, who is licensed and in good standing in another state or territory and has a written agreement to provide medical services to athletes and team personnel, to provide medical services to athletes and team personnel when they are participating in a discrete sanctioned team sporting event in this State. The proposed amendment also implements Chapter 199 of the Laws of 2019, which amended the Education Law to include the New York State Department of Health’s State Professional Board for Professional Medical Conduct, in addition to the Board of Regents, as a disciplinary and regulatory authority over these physicians.

3. NEEDS AND BENEFITS:

Currently, New York State is one of only four other states, Idaho, North Dakota, South Dakota and Wisconsin, that does not recognize visiting team physicians. As part of their work, team physicians cross state lines on a regular basis. However, most of them are only licensed in their respective home states, not in all the states where their teams may visit to participate in sporting events. Team physicians provide medical services to athletes and team personnel at the secondary education, post-secondary education and professional levels and attend games and team practices wherever their respective teams travel to.

On October 5, 2018, President Trump signed the Sports Medicine Clarity Act of 2018 (Sports Medicine Clarity Act), which, inter alia, extends liability insurance coverage to other states when state-licensed medical practitioners provide services to traveling athletes, athletic teams, or team personnel. Prior to this Act, state-licensed sports medicine professionals lacked insurance coverage when they crossed state lines with their teams, which exposed them to liability because insurance companies would not accept liability and pay for damages for the medical services they provided to team athletes and personnel outside of the state(s) they are licensed in. Additionally, prior to the Sports Medicine Clarity Act, physicians put their medical licenses at risk each time they crossed state lines with their teams.

However, the Sports Medicine Clarity Act did not address physician licensure requirements for out-of-state team physicians when they provide medical services to athletes and team personnel in their respective states.

On December 28, 2019, Governor Cuomo signed Chapter 519 of the Laws of 2018 (Chapter 519), which, effective June 26, 2019, inter alia, amended the Education Law, by adding a new subdivision (10) to section 6526 of the Education Law, to permit any physician who is licensed and in good standing in another state or territory, and who has a written agreement to provide medical services to athletes and team personnel of a United States sports team recognized by the United States Olympic committee or an out-of-state secondary school, institution of postsecondary education, or professional athletic organization sports team, may provide medical services to such athletes and team personnel for no more than five days before through three days after each discrete sanctioned team sporting event in New York State; and at a discrete sanctioned team sporting event in this State, as defined in the Regulations of the Commissioner of Education, provided such services are provided only to such athletes and team personnel at the discrete sanctioned team sporting event.

Subsequently, on August 29, 2019, Governor Cuomo signed Chapter 199 of the Laws of 2019 (retroactively effective June 26, 2019), inter alia, amended subdivision (10) of section 6526 of the Education Law to include the New York State Department of Health’s (DOH) State Professional Board for Professional Medical Conduct, in addition to the Board of Regents, as a disciplinary and regulatory authority over any physician licensed in another state or territory providing medical services to athletes and team personnel in this State.

The proposed addition of section 60.13 to the Regulations of the Commissioner of Education implements Chapters 519 and 199 by, inter alia, defining a discrete sanctioned team sporting event as a separate and distinct team sporting event that occurs during a defined period of time in this State and whose participants include a United States sports team recognized by the United States Olympic committee or out-of-state secondary school, institution of postsecondary education, or professional athletic organization sports team. The proposed amendment also subjects the team physician to the personal and subject matter jurisdiction and disciplinary and regulatory authority of the Board of Regents and the State Board for Professional Medical Conduct established pursuant to section two hundred thirty of the public health law as if he or she is a licensee and as if the exemption established pursuant to subdivision (10) of section 6526 of the Education Law is a license. The proposed amendment further requires team physicians to comply with the applicable provisions of Title VIII of the Education Law, the Public Health Law, the Rules of the Board of Regents, the State Board for Professional Medical Conduct, and the Regulations of the Commissioner of Education and the Commissioner of Health, relating to professional misconduct, disciplinary proceedings and penalties for professional misconduct.

4. COSTS:

(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) Cost to private regulated parties: The proposed amendment does impose any additional costs on the physicians who are subject to the regulation.

(d) Cost 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:

There are no new forms, reporting requirements, or other recordkeeping associated with the proposed amendment.

7. DUPLICATION:

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

8. ALTERNATIVES:

The proposed addition of section 60.13 to the Regulations of the Commissioner of Education conforms the Commissioner’s regulations to Chapter 519 of the Laws of 2018 and Chapter 199 of the Laws of 2019.

There are no significant alternatives to the proposed amendment and none were considered.

9. FEDERAL STANDARDS:

No Federal standards apply to the subject matter of this rule making. The Federal government does not regulate the exemptions from the physician licensure requirements in New York State. 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 as the November 2019 Regents meeting, the emergency rule will become effective November 5, 2019. It is anticipated that the proposed rule will be presented to the Board of Regents for permanent adoption at the February 2020 Regents meeting, after publication of the proposed amendment in the State Register and expiration of the 60-day public comment period required under the State Administrative Procedure Act. It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

The purpose of the proposed addition of section 60.13 to the Regulations of the Commissioner of Education is to conform the Commissioner’s regulations to Chapter 519 of the Laws of 2018 (Chapter 519) and Chapter 199 of the Laws of 2019 (Chapter 199). The proposed amendment implements Chapter 519, which, inter alia, amended the Education Law to permit any physician, who is licensed and in good standing in another state or territory and has a written agreement to provide medical services to athletes and team personnel, to provide medical services to athletes and team personnel when they are participating in a discrete sanctioned team sporting event in this State. The proposed amendment also implements Chapter 199, which amended the Education Law to include the New York State Department of Health’s State Professional Board for Professional Medical Conduct, in addition to the to the Board of Regents, as a disciplinary and regulatory authority over these physicians.

The proposed amendment will not impose any reporting, recordkeeping, or other compliance requirements or costs, or have an adverse impact, on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not 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.

The purpose of the proposed addition of section 60.13 to the Regulations of the Commissioner of Education is to conform the Commissioner’s regulations to Chapter 519 of the Laws of 2018 (Chapter 519) and Chapter 199 of the Laws of 2019 (Chapter 199). The proposed amendment implements Chapter 519, which, inter alia, amended the Education Law to permit any physician, who is licensed and in good standing in another state or territory and has a written agreement to provide medical services to athletes and team personnel, to provide medical services to athletes and team personnel when they are participating in a discrete sanctioned team sporting event in this State. The proposed amendment also implements Chapter 199, which amended the Education Law to include the New York State Department of Health’s State Professional Board for Professional Medical Conduct, in addition to the Board of Regents, as a disciplinary and regulatory authority over these physicians.

The proposed amendment to the preprofessional education requirements is applicable to any physician, who is licensed and in good standing in another state or territory and has a written agreement to provide medical services to athletes and team personnel, and seeking to provide medical services to athletes and team personnel when they are participating in a discrete sanctioned team sporting event in this State and subjects such physicians to the disciplinary and regulatory of the New York State Department of Health’s State Professional Board for Professional Medical Conduct and the Board of Regents. Thus, the proposed amendment does not adversely 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 flexibility analysis is not required and one has not been prepared.

It is not anticipated that the proposed amendment will impact jobs or employment opportunities. The proposed addition of section 60.13 to the Regulations of the Commissioner of Education conforms the Commissioner’s regulations to Chapter 519 of the Laws of 2018 (Chapter 519) and Chapter 199 of the Laws of 2019 (Chapter 199). The proposed amendment implements Chapter 519, which, inter alia, amended the Education Law to permit any physician, who is licensed and in good standing in another state or territory and has a written agreement to provide medical services to athletes and team personnel, to provide medical services to athletes and team personnel when they are participating in a discrete sanctioned team sporting event in this State. The proposed amendment also implements Chapter 199, which amended the Education Law to include the New York State Department of Health’s State Professional Board for Professional Medical Conduct, in addition to the Board of Regents, as a disciplinary and regulatory authority over these physicians.

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 have no impact on jobs or employment opportunities attributable to its adoption or only a positive impact, 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 been prepared.

The agency received no public comment.