senate Bill S7456B

Relates to sexual offenses by health care or mental health care providers; requires certain officers to report certain sex offenses to law enforcement

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / May / 2012
    • REFERRED TO CODES
  • 06 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 06 / Jun / 2012
    • PRINT NUMBER 7456A
  • 12 / Jun / 2012
    • AMEND AND RECOMMIT TO CODES
  • 12 / Jun / 2012
    • PRINT NUMBER 7456B
  • 21 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1479
  • 21 / Jun / 2012
    • SUBSTITUTED BY A10336B

Summary

Relates to sexual offenses by health care or mental health care providers; requires the professional conduct officer designated to investigate a complaint of professional misconduct to report certain sex offenses to the appropriate law enforcement official or authority.

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Bill Details

See Assembly Version of this Bill:
A10336B
Versions:
S7456
S7456A
S7456B
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd ยง6510, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
A10336A

Sponsor Memo

BILL NUMBER:S7456B

TITLE OF BILL:
An act
to amend
the education law, in
relation to the duties of the professional conduct officer, applicable
state board for the profession, or the office of professional discipline
to report potential criminal conduct to the appropriate law enforcement
official or authority

PURPOSE:
The bill establishes the obligation of the professional conduct
officer designated to investigate a complaint of a licensee's
professional misconduct or the office of professional discipline to
notify law enforcement if it determines that there is a reasonable
belief that an act that constitutes a sex offense has been committed
by the licensee. This reporting obligation minors the reporting
obligation of the board for professional medical conduct or the
office of professional medical conduct under such circumstances.

JUSTIFICATION:
The Penal Law provides that a person is deemed incapable of consent
when such person is a client or patient and the actor is a health
care provider or mental health care provider charged with rape in the
third degree, criminal sexual act in the third degree, aggravated
sexual abuse in the fourth degree or sexual abuse in the third
degree, and the act of sexual conduct occurs during a treatment
session, consultation, interview or examination. Mental health care
provider is defined to include a licensed physician, licensed
psychologist and licensed clinical social worker. Accordingly, if a
mental health care provider engages in sexual intercourse with his or
her patient during a session, it constitutes third degree rape.

If the mental health care provider is a psychiatrist and the authority
charged with investigating complaints about physicians and
psychiatrists -- the Office of Professional Misconduct (OPMC), has
knowledge of such conduct, OPMC is required to report it to law
enforcement. However, if the mental health care provider is a
psychotherapist or social worker and the authority charged with
investigating complaints about licensed psychologists or clinical
social workers -- the office of Professional Discipline (GPD) , or
any other professional conduct officer or state board for such
profession has knowledge of such conduct, OPD is not required to
report the conduct to law enforcement.

There is no rational basis to treat the identical act by licensed
professionals differently merely because one set of professionals is
overseen by OPMC and the other set of professionals is overseen by
OPD or other state board for profession. Both a psychiatrist and a
psychotherapist

occupy the same position of trust, authority and dependency
vis-a-vis their patient who is likely in a vulnerable and fragile
state and seeks their guidance and assistance in what is by nature an
intimate setting.

A patient who seeks help from a licensed mental health care provider
assumes that the provider he or she has retained has the appropriate
training to render assistance. He or she also has the right to expect
that the provider will do so with professional integrity and will not
compromise his patient's safety and well-being. with this
legislation, we will better ensure that the expectation is a reality.

SUMMARY OF PROVISIONS:
Section one amends section 6510 of the education law by adding a new
subdivision 5-a to provide that if at any time the professional
conduct officer designated to investigate a complaint of a licensee's
professional misconduct or the office of professional discipline
determines that there is a reasonable belief that an act committed
during a treatment session, consultation, interview or examination by
the licensee constitutes a sex offense, such professional conduct
officer, or the office of professional discipline shall notify the
appropriate law enforcement official or authority.

Section two provides the effective date.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediate.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7456--B

                            I N  S E N A T E

                              May 22, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation  to  the  duties  of  the
  professional  conduct  officer, applicable state board for the profes-
  sion, or the office of professional  discipline  to  report  potential
  criminal  conduct  to  the  appropriate  law  enforcement  official or
  authority

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Section 6510 of the education law is amended by adding a
new subdivision 5-a to read as follows:
  5-A. AT ANY TIME, IF THE PROFESSIONAL CONDUCT OFFICER OR  HIS  OR  HER
DESIGNEE  DESIGNATED  TO INVESTIGATE A COMPLAINT OF PROFESSIONAL MISCON-
DUCT OF A LICENSED HEALTH CARE PROVIDER OR LICENSED MENTAL  HEALTH  CARE
PROVIDER  DETERMINES  THAT THERE IS A REASONABLE BELIEF THAT AN ACT THAT
CONSTITUTES A SEX OFFENSE IDENTIFIED IN  PARAGRAPH  (H)  OF  SUBDIVISION
THREE  OF  SECTION  130.05  OF  THE  PENAL LAW HAS BEEN COMMITTED BY THE
LICENSEE AGAINST A CLIENT OR PATIENT DURING A TREATMENT SESSION, CONSUL-
TATION, INTERVIEW, OR EXAMINATION, THE PROFESSIONAL CONDUCT  OFFICER  OR
THE  OFFICE  OF PROFESSIONAL DISCIPLINE SHALL NOTIFY THE APPROPRIATE LAW
ENFORCEMENT OFFICIAL OR AUTHORITY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15950-06-2

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