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Background Information

Regulations of the Commissioner of Education

Section 60.2 of the Regulations of the Commissioner of Education (8 NYCRR 60.2) outlines the requirements for eligibility to engage in clinical clerkships in teaching hospitals in New York State by students enrolled in foreign medical schools. The regulations were approved by action of the Board of Regents on March 26, 1981, December 17, 1982, and October 21, 1983.

Action in 1980 and 1981 to amend regulations that apply to clinical clerkships was initiated because of significant changes that have occurred in the numbers and circumstances of students of foreign medical schools who seek clinical training in New York. The issues were discussed by the Regents at several meetings and in early February 1981 public hearings were held concerning proposed regulations. The testimony provided at these hearings and the recommendations of staff were reviewed by the Regents and amended regulations were approved on March 26, to be effective May 1, 1981. The subsequent amendments defined further the regulations regarding clinical clerkship eligibility.

The Regents policies on clerkships relate to clinical clerkships that are served under the aegis of unregistered or unaccredited medical schools. The Regents policies do not apply to students enrolled in programs that are registered by the Education Department or have been found equivalent to a registered program (equivalent programs are programs accredited by the Liaison Committee on Medical Education (LCME) or American Osteopathic Association, the recognized national accrediting agencies in medicine).

The regulations restrict all clinical clerkships undertaken by students in unaccredited medical schools -–basically, all medical schools located outside the United States and Canada – to teaching hospitals as defined below. No clinical clerkships are permitted to be undertaken in non-teaching hospitals or other health related facilities or agencies.

Clinical Clerkship

As defined by Section 60.2 of the Regulations of the Commissioner of Education, a clinical clerkship means a supervised educational experience which is part of the clinical component of a program of undergraduate medical education.

Teaching Hospital

For the purposes of these regulations, a teaching hospital is defined as one having a residency program accredited by the Accreditation Council on Graduate Medical Education, or an equivalent accrediting agency acceptable to the State Education Department, or which is part of such a program through affiliation(s) approved by the Accreditation Council on Graduate Medical Education, or an equivalent agency acceptable to the State Education Department. A clinical clerkship may be performed only in the area in which a teaching hospital has an accredited residency program. A clinical clerkship in surgery, for example, may be performed only in a teaching hospital having an accredited residency training program in surgery.

No teaching hospital is under any obligation to accept foreign medical students meeting the requirements specified in Commissioner’s Regulations for clinical clerkships and any teaching hospital may impose standards for admission to clinical clerkships which exceed standards set forth in Commissioner’s Regulations.