160.000 LICENSURE

160.957        Revitalization of Task Force on Life and the Law

The Medical Society of the State of New York advocates for the New York State Department of Health Task Force on Life and the Law to be revitalized and restored such that it develops and updates expert guidance on bioethical matters effecting delivery of patient care that can be relied upon by physicians and hospitals during public health emergencies. (HOD 2023-55)

(See also Managed Care, 165.000; Medicare, 195.000)

160.958        Protecting State Medical Licensing Boards from External Political Influence

The Medical Society of the State of New York will work with the AMA and the Federation of State Medical boards and other interested parties to help minimize external interference with the independent functioning of state medical disciplinary and licensing boards. (HOD 2022-54)

160.959       Retirement of Physician License

The Medical Society of the State of New York (MSSNY) will seek legislation which provides non-disciplinary retirement of a physician license or emeritus status of a physician license without declaration of permanent incapacity provided that the physician has no pending disciplinary matters. (HOD 2022-104)

160.960        New York State Medical License Authority

The Medical Society of the State of New York will formally review the issue of whether it would be advantageous for the licensing authority of physicians to remain in the New York State Department of Education. (HOD 2022-102)

160.961        Increasing the Physician Workforce in New York State

The Medical Society of the State of New York will pursue changes in New York State policy that would allow physicians who have successfully obtained their Educational Commission for Foreign Medical Graduates (ECFMG) certification to obtain a New York State medical license after the successful completion of one year of graduate medical education.  (HOD 2021-102)

160.962        Continued Grandfather Status for Taking Board Exams

The duly licensed physician should be the only requirement for practice of medicine and the American Board of Medical Specialties (ABMS) should keep the promise of their “grandfather” clause.  MSSNY’s position is that there should be more than one pathway to participation in insurance companies, hospital privileges and other organizations (eg, ambulatory surgery centers) and encourages the ABMS to work with other societies to find what pathways ensure physician competency and pursuit of lifelong learning.  (HOD 2019-214; reaffirmed HOD 2020-67 by Council 6/3/21)

160.963        MOC Moratorium

The Medical Society of the State of New York will call for an immediate end to the high stakes examination components and the Quality Initiative (QI)/Practice Improvement (PI) components of maintenance of certification.  MSSNY will call for retention of CME and Professionalism Components (how physicians carry out their responsibilities safely and ethically) of MOC only.

MSSNY will petition the ABMS for the restoration of certification status for all diplomates who have lost certification status solely because they have not complied with MOC requirements; and it will bring this matter to our AMA for final resolution for the benefit of ALL physicians.  (HOD 2019-213)

160.964        Chiropractor (DC) Scope of Practice

The Medical Society of the State of New York will advocate for legislation, regulation or other appropriate means to assure that needle electromyography and nerve conduction studies are performed by licensed physicians only or those who are directly supervised by a physician. (HOD 2018-115; Council Nov 1, 18)

160.965         Tying Maintenance of Licensure to Maintenance of Certification

All physicians still in practice should be encouraged and enjoined to participate in activities to improve and maintain the knowledge and skills necessary to render the highest quality of care to his/her patients. MSSNY strongly opposes any effort by the State of New York to require certification by any medical specialty board as a condition of obtaining or renewing the registration of a medical license in the State of New York. The MSSNY Division of Governmental Affairs will make our position PROACTIVELY known to all appropriate agencies. (HOD 2016-216, Reaffirmed in lieu of HOD 2017-205)

160.966                          Maintenance of Certification

The Medical Society of the State of New York takes a position and will lobby against any linkage of licensure to Maintenance of Certification. MSSNY will simultaneously advocate for a varied approach to ensure appropriate continuing education for physicians. (HOD 2016-213, Reaffirmed in lieu of HOD 2017-205)

160.967                         Automatic Link to Updating Physician Profile at Time of Licensure Renewal

The Medical Society of the State of New York will request, through regulation and/or legislation if needed, that the New York State Education Department and the New York State Department of Health (DOH) create an automatic link from the online education licensure renewal site to the DOH physician profile site to enable a physician who is re-registering with the state to also update his/her physician profile in a seamless manner. (HOD 2015-112)

160.968                           Retirement of a Physician Medical Licensure

The Medical Society of the State of New York will seek legislation which provides non-disciplinary retirement of a physician license so long as there are no pending disciplinary matters. (HOD 2014-103; Reaffirmed HOD 2024)

160.969                            Maintenance of Licensure (MOL)

The Medical Society State of New York (MSSNY) shall oppose any Maintenance of Licensure (MOL) initiative that creates barriers to practice, is administratively unfeasible, is inflexible with regard to how physicians practice (clinically or not), that does not protect physician privacy, and that is used to promote policy initiatives (rather than competence) such as participation in health plans, subscription to data exchanges, and specialty board certification, etc.

MSSNY shall submit to the American Medical Association (AMA), at its annual meeting, a resolution seeking its opposition to any MOL initiative that creates barriers to practice, is administratively unfeasible, is inflexible with regard to how physicians practice (clinically or not), that does not protect physician privacy, and that is used to promote policy initiatives (rather than competence) such as participation in health plans, subscription to data exchanges, and specialty board certification and further urging that the AMA oppose the FSMB MOL program as a condition of licensure. (HOD 2014-56, Reaffirmed in lieu of HOD 2017-205)

160.970:                       Transparency and Accountability for Specialty Boards and MOC: SUNSET HOD 2023

160.971                        Opposition to Maintenance of Licensure

MSSNY opposes any efforts by the New York State Education Department, Office of the Professions, to require the Federation of State Medical Boards (FSMB) maintenance of licensure (MOL) program as a condition of medical licensure. (HOD 2013-166 and 167; Reaffirmed HOD 2014-56, Reaffirmed in lieu of HOD 2017-205)

160.972                        Opposition to Mandatory Maintenance of Certification

MSSNY opposes mandating Maintenance of Certification (MOC) until such time as evidence-based research demonstrates MOC is linked to improved patient outcomes. MSSNY acknowledges that the certification requirements within the MOC process are costly, time intensive and result in significant disruptions to the availability of physicians for patient care, and acknowledges and affirms the professionalism of individual physicians to self-determine the best means and methods for maintenance of their knowledge and skills. MSSNY will communicate to the American Medical Association and American Board of Medical Specialties examples of disproportional fees, onerous time requirements and unnecessary fragmentation of commonly recognized specialties, and will bring a copy of this resolution to the AMA House of Delegates for its consideration. (HOD 2013-165 and 168, Reaffirmed in lieu of HOD 2017-205)

160.973                          Avoid Restrictions on Medical Licensure

MSSNY believes that the ability to practice to the full extent of NYS medical licensure should not be infringed based on enrollment and/or participation in any publicly funded or private health-insurance program, and that physician participation in the Excess Medical Liability Insurance Program should not be based upon participating in Medicare/Medicaid, the State Insurance Exchange, and/or any governmentally subsidized health insurance program. (HOD 2013-53; Reaffirmed HOD 2014-53; Reaffirmed in lieu of HOD 2017-205)

160.974                         Physicians Should Not Be Penalized For Non-Participation In Government Medicine

It is the policy of the Medical Society of the State of New York that medical licensure in New York State shall not require participation in Medicare, Medicaid, or any other governmentally sponsored health insurance program. (HOD 2012-60; Reaffirmed HOD 2014-53; Reaffirmed HOD 2024)

160.975                    Accurate Reporting of State Medical License Registration Expiration Dates on the AMA Physician Profile: SUNSET HOD 2021

160.976                    Promoting Physician Retention in New York State:

MSSNY will support the advancement of legislation to retain its trained, qualified physicians, regardless of their citizenship or green card status.. (HOD 2009-155; Reaffirmed with amendment HOD 2019)

160.977                    Physician Registration Fee:

MSSNY will continue to work to assure that the physician registration fee is used to support only activities related to the Office of Professional Medical Conduct, the Committee for Physician Health and other activities related to the physician workforce.  (HOD 2009-110; Reaffirmed, HOD 2019)

160.978                    Laser Vision Correction – Health Care Facility:

MSSNY adopted as policy that laser vision facilities must comply with the corporate practice of medicine prohibition to ensure patient protection and safety and optimal medical care and that MSSNY is to seek legislation or regulation to effectuate this change.  (Council 1/25/09; Reaffirmed HOD 2019)

160.979                    Physician Registration Fee:

MSSNY will oppose any future increase to the biennial physician registration fee. (HOD 2007-107; Reaffirmed HOD 2017)

160.980                    Opposition to Non-Physicians Performing Laser and Intense Pulsed Light Source Skin Enhancement Procedures: SUNSET HOD 2023

160.981                   Development of Legislation Regarding Physical Therapists (PTs): 

MSSNY will seek through legislation, regulation, or whatever means necessary, the adoption of the following amendment to the New York Education Law:(1) Needle electromyography is the practice of medicine and shall be performed and interpreted only by physicians licensed in the State of New York who are appropriate to perform and interpret such tests by virtue of specialty and training; and(2) Physical therapists shall be limited in the scope of electro-diagnostic practice to the role of technicians utilized to perform nerve conduction studies under the direct supervision of a licensed physician who is appropriate to perform or interpret such tests by virtue of specialty and training; and(3) Non-licensed individuals as defined by the NYS Department of Education may not perform needle electromyography under any circumstance, whether or not the individuals are supervised by a licensed provider of any type.MSSNY will request that the State of New York Insurance Department and the State of New York Workers’ Compensation Board, as they relate to the care of individuals sustaining automobile and work related injuries, respectively, adopt these resolutions in whole into their prevailing and future statutes. (Council 11/2/00; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.982                   Enforcing Licensing Statutes:

MSSNY will seek support of the appropriate regulatory bodies to enforce licensing statutes to ensure that HMOs do not permit non-physician practitioners to perform services beyond the scope of their licensure. (Council 3/13/00; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.983                    Licensure of Non-Physician Practitioners:

MSSNY will seek support of the appropriate regulatory bodies to enforce licensing statutes to ensure that HMOs do not permit non-physician practitioners to perform services beyond the scope of their licensure.  (Council 3/13/00; Reaffirmed Council 11/13/03; Reaffirmed HOD 2013; Reaffirmed HOD 2023)

160.984                  Citizenship Requirement for Medical Licensure:  SUNSET HOD 2014

160.985                  Destruction of the Doctor-Patient Relationship and the Practice of Medicine by Insurers:

MSSNY will seek legislation to discourage activities by insurers and other third parties that weaken or destroy the doctor-patient relationship including, but not limited to, the profusion of telephone based evaluation and referral by non-physicians.Where managed care plans and insurers utilize nurses for “on-call” triage purposes, such nurses shall be licensed in New York State and provide, establish and maintain appropriate medical documentation of their activities as well as timely follow-up documentation to the patient’s primary care physician regarding the nurse’s assessment and recommendation; and that where MCOs provide triage services they must assume the liability for adverse events which may ensue. (HOD 1998-75; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.986                  New York State Licensure Requirements: SUNSET HOD 2014

160.987                  Statutory Authority for Licensure:

MSSNY supports the statutory transfer of authority for license restoration from the Education Department to the Board for Professional Medical Conduct. (Council 2/6/97; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.988                 Licensure Restoration Process:

MSSNY supports the following recommendations of the Office of the Professions, New York State Education Department, to improve and streamline the license restoration process: An in-depth license restoration application to be developed with the burden being placed on the physician to explain why he or she should have the license back.The establishment of a minimum waiting period of three years between the time a physician’s license is revoked and the time that a physician may reapply for license restoration. The minimum waiting period is currently one year.A graduated application fee for restoration is to be set so the physician covers the administrative cost of the restoration. There is currently no fee or charge.The need for a personal appearance in every case is to be eliminated, but to permit the state board the option of calling for a personal appearance. (Council 2/6/97; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.989               Licensure Requirement for Providing Medical Advice Through Telemedicine:

MSSNY will urge the New York State Board of Medicine to require full New York State licensure for an individual providing medical advice through the technology of Telemedicine from in or out of state for patients under treatment in New York State. Such medical advice requiring full licensure would entail the performance of an act that is part of a patient care service initiated in this state and affecting the diagnosis or treatment of the patient. Excluded from this full licensure requirement would be traditional informal physician-to-physician consultations (“curbside consultations”) that are provided without expectation of compensation. MSSNY will recommend further monitoring and study of the areas of Telemedicine encompassing confidentiality of patient information, professional liability, coding and reimbursement, and will seek the development of legislation and/or regulation requiring the full New York State licensure of Medical Directors and physicians employed by managed care systems or other health insurers in or out of state who make decisions which affect medical care. (Council 10/24/96; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.990              Laser Surgery: SUNSET HOD 2024

160.991             Self-Incriminating Questions:

MSSNY has urged the American Medical Association to proceed further and revise the second recommendation of its Board of Trustee’s Report 13 (I-93) to urge that questions as in current illnesses that might interfere with the competency to practice be applied to all such illnesses, physical as well as psychiatric and addictive, and not to the past history of such illnesses if those illnesses do not extend into current impairment, and to amend its Board of Trustee’s Report 13 (I-93) so that it applies to all licensing, board certifying, and credentialing procedures. MSSNY has urged the AMA to add to its Board of Trustee’s Report 13 (I-93) a strong emphasis on the need for very strict confidentiality legislation and regulations on state, federal and private levels in regard to any such information obtained, and to implement recommendations 4 and 5 of said report relating to the impact of the Americans with Disability Act (ADA) concerning these matters. (HOD 1994-161; Reaffirmed HOD 2014)

160.992             Registration of Medical Licensure: SUNSET HOD 2024

160.993             Self-Incriminating Questions on Application Forms by Licensing, Certifying and Credentialing Bodies:

MSSNY takes the position that questions regarding past history of referral and treatment for alcohol and other drug disorders and mental and emotional illness should not be used on application forms by licensing, certifying, and credentialing bodies because it is not believed that such questions are pertinent to a physician’s current ability to practice medicine but merely infringe on privacy matters. MSSNY is urging that such bodies instead ask a question regarding the applicant’s current ability to practice medicine, such as: “Is your ability to practice medicine currently impaired by any physical, mental, emotional, alcohol or substance abuse disorder?” (Council 7/23/92; Reaffirmed HOD 2014) (Sunset HOD 2024)

160.994                   Therapeutic Ultrasound:

It is the position of the Medical Society of the State of New York that therapeutic ultrasound be performed only by individuals licensed to practice medicine and surgery or by those who have been specifically authorized by law to perform these services. (HOD 1991-47; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.995                  Cryotherapy:

It is the position of the Medical Society of the State of New York that cryotherapy be performed only by individuals licensed to practice medicine and surgery or by those who have been specifically authorized by law to perform these services. (HOD 1991-46; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.996                   Diathermy:

It is the position of the Medical Society of the State of New York that diathermy be performed only by individuals licensed to practice medicine and surgery or by those who have been specifically authorized by law to perform these services. (HOD 1991-48; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

160.997                  Single National Examination for Medical Licensure: SUNSET HOD 2013

160.998                 Licensure Based on Professional Standards:

It is the position of the Medical Society of the State of New York that physician licensure be based solely upon professional standards, including training, education, ability, competence and moral fitness.  The Society vigorously opposes any attempts to establish nonprofessional standards, such as acceptance of third-party payment, as a condition of medical licensure.  (HOD 1989-6; Reaffirmed HOD 2013; Reaffirmed HOD 2023; Reaffirmed HOD 2024)

160.999                  Licensure as a Prerequisite for Membership in the Medical Society of the State of New York: SUNSET HOD 2023