The short answer for New York. Physician or authorised licensee. The exam cannot be delegated to a non-licensee.
A good faith exam is a clinical evaluation by a licensed provider, before treatment, establishing that the treatment is appropriate for that patient. What differs between states is who is allowed to perform it, whether it may happen remotely, and what has to be documented. This page sets out what we have verified for New York against primary sources, and says so plainly where a question is unsettled.
Who may perform the good faith exam in New York
Physician or authorised licensee. The exam cannot be delegated to a non-licensee.
Medical director. MD or DO. Only a physician licensed under Educ. Law art. 131 may own the entity that practises medicine — not an RN, NP, esthetician or investor.
Delegation and supervision. Standard delegation rules apply, and physician conduct oversight runs through OPMC and attaches to the individual.
The gate that catches operators in New York
Fee splitting with a non-licensee is prohibited. A percentage-based MSO management fee is unlawful here, not merely risky.
Fees must be fixed, at fair market value, and agreed in writing BEFORE services are rendered.
What makes the exam defensible
Nobody is ever asked to produce a good faith exam on a good day. The request arrives after a complication, a board complaint, an insurance audit or a buyer’s diligence. Five things decide whether what you hand over helps you:
- A qualified practitioner, permitted in that state, actually performed it.
- A real evaluation happened — history, indications, contraindications, and a decision.
- The treatment plan and the order are specific: drug or device, site, dose or settings.
- Informed consent was taken and recorded before treatment, not after.
- The record still exists, unaltered and retrievable, two years later when somebody asks.
Only the first of those is state-specific. The other four fail in exactly the same way in New York as everywhere else, and they are where most exam processes actually break — not on the licence question, but on documentation nobody kept.
How New York sits on structure
Corporate practice of medicine. Yes.
The exam and the structure are separate questions and they fail separately. A perfectly documented exam performed inside an entity that may not lawfully deliver the service is still a problem, and a clean entity does not save a rubber-stamped exam. See medical direction in New York for the structure side.
What MDside provides in New York
- New York-licensed physicians performing the exam themselves — not a queue of signatures.
- A written evaluation, treatment plan and order per patient, in a record you keep and can export.
- Protocols and delegation written to New York, matched to the services actually on your menu.
- A named New York medical director doing the work, where your structure needs one.
- 503A and 503B pharmacy relationships and in-house lab draws where the treatment calls for them.
Book a call and we will read your current exam process against the five tests above, in New York and any other state you operate in. The review is free and you are not obliged to use us for the fix.
Read the detail on New York
Frequently asked questions
Who can perform a good faith exam in New York?
Physician or authorised licensee. The exam cannot be delegated to a non-licensee.
Can the exam be done by telehealth in New York?
That depends on the state rule above and on the treatment. Where we have verified a restriction it is stated on this page; where the position is unsettled we say so rather than guess, and we confirm it with the board before you build a remote funnel.
Does New York require a physician medical director?
MD or DO. Only a physician licensed under Educ. Law art. 131 may own the entity that practises medicine — not an RN, NP, esthetician or investor.
What happens if the exam is not documented?
The exam effectively did not happen. In a complaint, an audit or a sale, an undocumented evaluation is treated as no evaluation — which is why the record, not the call, is the thing you are actually buying.
Primary sources for New York: N.Y. Educ. Law § 6530(18),(19); 8 NYCRR § 29.1(b)(4); Educ. Law art. 131. Last reviewed 2026-09-03. Corrections are welcome and get made: contact us.
General information about good faith exams and practice structure in New York, not legal advice. Requirements differ by state and change often. Confirm your obligations with healthcare counsel licensed in New York.