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Assembly Bill A10336

Signed By Governor

2011-2012 Legislative Session

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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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-A10336 - Details

See Senate Version of this Bill:
S7456
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L; amd §6510, Ed L

2011-A10336 - Summary

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

2011-A10336 - Bill Text download pdf 

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

                                  10336

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the penal law, in relation to the sexual offenses by
  health care or mental health care providers; and to amend  the  educa-
  tion  law, in relation to the duties of the professional conduct offi-
  cer, 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

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

  Section  1.  Paragraph  (h)  of subdivision 3 of section 130.05 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended  to
read as follows:
  (h)  a  client  or  patient and the actor is a health care provider or
mental health care provider charged with rape in  the  third  degree  as
defined  in  section  130.25, criminal sexual act in the third degree as
defined in section 130.40, aggravated sexual abuse in the fourth  degree
as  defined  in section 130.65-a, or sexual abuse in the third degree as
defined in section 130.55, and the act of sexual conduct occurs during a
[treatment session,] consultation, interview, [or] examination OR COURSE
OF TREATMENT.
  S 2. 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 APPLICABLE
STATE BOARD FOR THE PROFESSION 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  OR
OMISSION  THAT  CONSTITUTES  A  CRIME  UNDER THE LAW OF THE STATE OF NEW
YORK, ANY OTHER STATE, OR THE UNITED STATES HAS BEEN  COMMITTED  BY  THE
LICENSEE  THE  PROFESSIONAL  CONDUCT OFFICER, APPLICABLE STATE BOARD FOR
THE PROFESSION, OR THE OFFICE OF PROFESSIONAL  DISCIPLINE  SHALL  NOTIFY
THE APPROPRIATE LAW ENFORCEMENT OFFICIAL OR AUTHORITY.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15950-02-2

2011-A10336A - Details

See Senate Version of this Bill:
S7456
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L; amd §6510, Ed L

2011-A10336A - Summary

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

2011-A10336A - Bill Text download pdf 

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

                                10336--A

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on  Codes -- reference changed to the Committee on Higher Education --
  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 A  LICENSEE'S  PROFES-
SIONAL  MISCONDUCT  DETERMINES THAT THERE IS A REASONABLE BELIEF THAT AN
ACT THAT CONSTITUTES A SEX OFFENSE AS DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY  OF THE PENAL LAW HAS BEEN COMMITTED BY THE LICENSEE, THE PROFES-
SIONAL 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.
                                                           LBD15950-03-2

2011-A10336B (ACTIVE) - Details

See Senate Version of this Bill:
S7456
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L; amd §6510, Ed L

2011-A10336B (ACTIVE) - Summary

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

2011-A10336B (ACTIVE) - Bill Text download pdf 

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

                                10336--B

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on  Codes -- reference changed to the Committee on Higher Education --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, 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.
                                                           LBD15950-05-2

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