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New York Education - Part 1 - § 224 Prohibitions

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Education 
 
    § 224. Prohibitions.  1. a. No individual, association, partnership or
  corporation  not  holding university, college or other degree conferring
  powers by special charter from the legislature of this state or from the
  regents, shall confer any degree or use, advertise or transact  business
  under  the name university or college, or any name, title or descriptive
  material  indicating  or  tending  to  imply   that   said   individual,
  association,  partnership  or  corporation conducts, carries on, or is a
  school of  law,  medicine,  dentistry,  pharmacy,  veterinary  medicine,
  nursing,  optometry,  podiatry,  architecture or engineering, unless the
  right to do so shall have been granted by the regents in  writing  under
  their seal.
    b.  Notwithstanding  any  other  provision  of law to the contrary, no
  individual,  association,  partnership  or  corporation   operating   an
  institution  on  a for-profit basis and holding degree-conferring powers
  granted by the regents pursuant to this  subdivision  shall,  through  a
  change  of  ownership  or  control,  convey,  assign  or  transfer  such
  degree-conferring authority without the  consent  of  the  regents.  For
  purposes  of  this  subdivision,  a change of ownership or control shall
  include, but shall not be limited to, merger or consolidation  with  any
  corporation;  sale,  lease,  exchange  or  other  disposition  of all or
  substantially all of the assets of the institution; and the transfer  of
  a controlling interest of the stock of a corporation.
    2.  No  person  shall  buy,  sell or fraudulently or illegally make or
  alter, give, issue or obtain or attempt to obtain  by  fraudulent  means
  any  diploma,  certificate  or other instrument purporting to confer any
  literary, scientific, professional or other degree, or to constitute any
  license, or a duplicate thereof, or any certificate of registration,  or
  to  certify to the completion in whole or in part of any course of study
  in any university, college, academy or other educational institution.
    3.  No  person,  firm,  association  or  corporation  shall  offer  or
  otherwise  advertise  a  college degree in the state of New York without
  the prior written approval of the department,  in  accordance  with  the
  regulations  of  the  commissioner  of education, unless the institution
  offering or advertising such a degree is  accredited  by  at  least  one
  accrediting  commission  recognized by the United States commissioner of
  education as a reliable authority for the purpose  of  accreditation  at
  the post secondary level or unless the program leading to such degree is
  registered  with the department of education of the state of New York. A
  violation of this subdivision is a violation punishable by a fine not to
  exceed five hundred dollars.  Any newspaper or other advertising  medium
  which  carries said advertisement shall be exempt from the provisions of
  this subdivision.
    3-a. Notwithstanding the  provisions  of  subdivision  three  of  this
  section,  the  commissioner  of  education,  boards of education, school
  authorities, or authorized school officers  shall  not  be  required  to
  accept   for  purposes  of  certification,  recertification,  licensure,
  appointment, promotional increment, or salary differential for pedagogic
  personnel, any diploma, degree  or  course  credit  from  a  university,
  college,  academy,  school  or  other  institution  of  learning located
  outside the state of New York if such diploma, degree or  course  credit
  was  granted  without  the  requirement  of  on-campus attendance and if
  instruction and testing was transacted primarily by correspondence.
    Any person  making  application  for  certification,  recertification,
  licensure, appointment, promotional increment or salary differential may
  be  required  by  the  commissioner,  or  by boards of education, school
  authorities or authorized school officers to submit a  signed  statement
  or affidavit as part of such application to identify any diploma, degree
  or  course  credit  which was granted by a university, college, academy,

  school or other institution of learning located outside the state of New
  York if such diploma, degree or course credit was  granted  without  the
  requirement  of  on-campus attendance and if instruction and testing was
  transacted   primarily   by   correspondence.  A  willful  and  wrongful
  misrepresentation on  such  application  shall  constitute  grounds  for
  disciplinary  action  in accordance with the provisions of this chapter,
  the rules of the regents, the regulations of the  commissioner,  or  the
  by-laws, rules or regulations of such school authorities.
    The  provisions  of  this  subdivision shall not apply to any diploma,
  degree or course credit completed before  the  effective  date  of  this
  subdivision.
    4.  No  diploma or degree shall be conferred in this state except by a
  regularly organized institution of learning meeting all requirements  of
  law and of the university, nor shall any person, with intent to deceive,
  falsely   represent   himself  to  have  received  any  such  degree  or
  credential, nor shall any person append to his name any letters  in  the
  same  form  registered  by  the  regents  as  entitled to the protection
  accorded to university degrees, unless he shall  have  received  from  a
  duly  authorized  institution  the  degree  or certificate for which the
  letters are registered. Counterfeiting or falsely or  without  authority
  making  or  altering  in  a  material respect any such credential issued
  under seal shall be a felony; any other violation of this section  shall
  be  a  misdemeanor;  and  any  person  who  aids  or  abets  another, or
  advertises or offers himself to violate the provisions of this  section,
  shall be liable to the same penalties.
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Last modified: February 15, 2014