N.Y. Comp. Codes R. & Regs. tit. 10 § 800.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 800.9 - Recertification by Continuing Medical Education

(a)Continuing medical education program.

Recertification applicants who have demonstrated competence in applicable behavioral and performance objectives, and who have demonstrated completion of appropriate continuing medical education may, if qualified as set forth in subdivision (b) of this section, have their certification renewed without being required to successfully complete a State practical skills and written examination.

(b) To qualify for recertification using continuing medical education, an applicant shall:

(1) be currently certified at the certification level they are seeking;

(2) be in continuous practice as defined in section 800.3 of this Part ;

(3) file with the department a completed department-approved application form bearing the applicant's signature in ink, or an electronic application approved by the department;

(4) submit the completed application for recertification so that it is received by the department at least 45 days, but not more than 9 months, prior to their current certification expiration date;

(5) if the applicant has been convicted of one or more criminal offenses, be found eligible after a balancing of the factors set out in article 23-A of Corrections Law. In accordance with that article, no recertification shall be denied by reason of the applicant having been previously convicted of one or more criminal offenses unless

(i) there is a direct relationship between one or more of the previous criminal offenses and the duties required of this certification or

(ii) recertifying the applicant would involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public. In determining these questions, the agency will look at the eight factors listed under Corrections Law section 753; and

(6) not have been found guilty or in violation, in any jurisdiction, of any other non-criminal offense or statutory and/or regulatory violation, as those terms are defined in section 800.3 of this Part, relating to patient safety unless the department determines such applicant would not involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 800.9

Amended New York State Register May 6, 2015/Volume XXXVII, Issue 18, eff. 5/6/2015

Amended New York State Register June 5, 2024/Volume XLVI, Issue 23, eff. 6/5/2024