Preservation of public health and general welfare.
Specific reasons underlying the finding of necessity:
The proposed amendment to the Regulations of the Commissioner of Education is necessary to allow for the appointment of an additional member of the Board of Regents to the Advisory Committee on Long-Term Clinical Clerkships prior to the Committee’s next meeting on October 25, 2013, and to permit the Chancellor to remove and replace any Committee member who fails to attend three or more consecutive Committee meetings.
Because the Board of Regents meets at fixed intervals, the earliest the proposed amendment can be presented for adoption on a non-emergency basis, after expiration of the required 45-day public comment period provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), would be the December 16-17, 2013 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the December meeting, would be December 31, 2013, the date a Notice of Adoption would be published in the State Register. However, the next meeting of the Advisory Committee on Long-Term Clinical Clerkships takes place on October 25, 2013, and it will be important to have the participation of the additional Committee member at that meeting.
Emergency action is necessary for the preservation of the public health and general welfare to allow for the appointment of an additional member of the Board of Regents to the Advisory Committee on Long-Term Clinical Clerkships prior to the Committee’s next meeting on October 25, 2013, and to permit the Chancellor to remove and replace any Committee member who fails to attend three or more consecutive Committee meetings.
It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the December 16-17, 2013 meeting of the Board of Regents, after publication in the State Register and expiration of the 45-day public comment period on proposed rule makings required by the State Administrative Procedure Act.
Subject:
Advisory Committee on Long-Term Clinical Clerkships.
Purpose:
To increase from one to two the number of Regents sitting on the Advisory Committee and would authorize the Regents Chancellor to appoint additional Committee members, upon consultation with the Board.
Text of emergency/proposed rule:
Paragraph (2) of subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education is amended, effective September 24, 2013, as follows:
(2) Composition of the committee. The committee shall consist of:
(i) [one member] two members of the Board of Regents, [who will] one of whom shall be designated by the chancellor to serve as co-chair of the committee along with the chairperson of the State Board for Medicine;
(ii) ...
(iii) …
(iv) …
(v) …
(vi) …
(vii) two representatives of medical schools registered in New York State; [and]
(viii) two representatives from hospitals that serve as sites for clinical clerkships in New York State;
(ix) such other members as the chancellor, upon consultation with the Board of Regents, may appoint; and
(x) the chancellor may remove a member who fails to attend three or more consecutive meetings, and upon such removal shall appoint a replacement member.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire December 22, 2013.
Text of rule and any required statements and analyses may be obtained from:
Mary Gammon, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Office of the Professions, Office of the Deputy Commissioner, State Education Department, State Education Building 2M, 89 Washington Ave., Albany, NY 12234, (518) 486-1765, email: opdepcom@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
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 6501 of the Education Law provides that, to qualify for admission to a profession, an applicant must meet requirements prescribed in the article of the Education Law that pertains to the particular profession.
Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of 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 relating to the professions.
2. LEGISLATIVE OBJECTIVES:
Subdivision (f) of section 60.2 of the Regulations of the Commissioner created the Advisory Committee on Long-Term Clinical Clerkships, 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. 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.
Paragraph (2) of subdivision (f) of section 60.2 of the Commissioner’s regulations specifies the composition of the Advisory Committee to include:
• one member of the Board of Regents;
• the Chairperson and the Executive Secretary of the State Board for Medicine;
• two physicians experienced in the evaluation of medical education programs; and
• representatives of;
o the Department of Health;
o international medical schools that have been approved to place students in New York clinical clerkships;
o New York State registered medical schools; and
o hospitals that serve as clinical clerkship sites.
The members of the Committee are appointed by the Chancellor of the Board of Regents, upon consultation with the Board.
The proposed amendment would increase from one to two the number of Regents sitting on the Committee and would authorize the Chancellor to appoint additional Committee members, upon consultation with the Board, and to remove and replace members who have been absent for three or more consecutive Committee meetings.
3. NEEDS AND BENEFITS:
As the Board of Regents makes the final determinations regarding the standards and processes to be followed in reviewing applications for approval to place students in long-term clinical clerkships and also makes the final determinations on such applications, the process would benefit from having an additional Regent serving on the Committee. Authorizing the Chancellor to appoint additional appropriate Committee members, and to remove and replace members who have been absent for three or more consecutive Committee meetings, would create greater flexibility in providing the Committee with the expertise needed to address issues that arise in its work or that are assigned to it by the Department or the Board of Regents.
4. COSTS:
(a) Costs to State government: The estimated cost to State government would be minimal and would depend on whether additional members are appointed and, if so, how many. It is estimated that for each of the Committee’s two annual meetings, each Committee member would be reimbursed on average $200 for travel and $200 for lodging. These costs will be recovered through fees charged to the schools applying for approval to place students in long-term clinical clerkships in New York State.
(b) Cost to local government: The proposed amendment relates to the committee that evaluates international medical schools that seek authorization to place students in long-term clinical clerkships. Local governments play no role in the process of evaluating international medical schools. As such, there will be no cost to local government.
(c) Cost to private regulated parties: The proposed regulation will not impose any new costs on applicants for approval to place students in long-term clinical clerkships.
(d) Cost to the regulatory agency: See Cost to State Government above.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment to the Regulations of the Commissioner of Education is applicable to international medical schools only and does not impose any program, service, duty or responsibility upon local governments.
6. PAPERWORK:
The proposed amendment to the Regulations of the Commissioner does not impose any additional reporting or recordkeeping requirements beyond those already required to be submitted by international medical schools seeking approval to place students in long-term clinical clerkships in New York State.
7. DUPLICATION:
The proposed amendment to the Regulations of the Commissioner does not duplicate other existing State or Federal requirements.
8. ALTERNATIVES:
There are no viable alternatives to the proposed amendment.
9. FEDERAL STANDARDS:
There are no Federal standards applicable to approval of international medical schools to place students in long-term clinical clerkships.
10. COMPLIANCE SCHEDULE:
It is anticipated that an additional member of the Board of Regents will be added to the Advisory Committee on Long-Term Clinical Clerkships upon approval of the proposed amendment. There are no plans at present for the appointment of any other Committee members.
Regulatory Flexibility Analysis
The purposes of the proposed amendment are to increase from one to two the number of Regents sitting on the Advisory Committee on Long-Term Clinical Clerkships and to authorize the Chancellor of the Board of Regents to appoint additional Committee members, upon consultation with the Board, and to remove and replace members who have been absent for three or more consecutive Committee meetings.
The amendment is applicable to international medical schools only. Small businesses and local governments will not be impacted by the proposed amendment. Accordingly, no further steps were needed to ascertain the impact on small businesses and local governments.
Rural Area Flexibility Analysis
The purposes of the proposed amendment are to increase from one to two the number of Regents sitting on the Advisory Committee on Long-Term Clinical Clerkships and to authorize the Chancellor of the Board of Regents to appoint additional Committee members, upon consultation with the Board, and to remove and replace members who have been absent for three or more consecutive Committee meetings.
The amendment is applicable to international medical schools only and 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.
Job Impact Statement
The purposes of the proposed amendment are to increase from one to two the number of Regents sitting on the Advisory Committee on Long-Term Clinical Clerkships and to authorize the Chancellor of the Board of Regents to appoint additional Committee members, upon consultation with the Board, and to remove and replace members who have been absent for three or more consecutive Committee meetings.
Because it is evident from the nature of the proposed amendment that there will be no impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
