S T A T E O F N E W Y O R K
________________________________________________________________________
10422
I N A S S E M B L Y
May 29, 2012
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Introduced by M. of A. ORTIZ, WEISENBERG, MONTESANO, McLAUGHLIN, CASTRO,
McKEVITT, GIBSON, ROSENTHAL, MARKEY, GRAF, SWEENEY, MURRAY, ROBERTS,
ZEBROWSKI, CROUCH, GUNTHER, ARROYO, CLARK -- Multi-Sponsored by -- M.
of A. CALHOUN, P. RIVERA -- read once and referred to the Committee on
Education
AN ACT to amend the education law, in relation to requiring the office
of professional discipline to report complaints of sexual misconduct
made by certain professionals to law enforcement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 6510-f
to read as follows:
S 6510-F. COMPLAINTS OF SEXUAL MISCONDUCT WITH PATIENT; REPORT TO LAW
ENFORCEMENT. THE OFFICE OF PROFESSIONAL DISCIPLINE SHALL, UPON RECEIPT
OF ANY COMPLAINT MADE BY A PERSON AGAINST A PERSON LICENSED TO PRACTICE
PSYCHOLOGY PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THIS TITLE,
LICENSED TO PRACTICE SOCIAL WORK PURSUANT TO ARTICLE ONE HUNDRED FIFTY-
FOUR OF THIS TITLE OR LICENSED TO PRACTICE MENTAL HEALTH COUNSELING
PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE OF THIS TITLE, REPORT THE
NATURE AND CONTENT OF SUCH COMPLAINT TO THE LOCAL LAW ENFORCEMENT AGENCY
HAVING JURISDICTION IN THE MUNICIPALITY WHEREIN THE ACTS OR BEHAVIOR
THAT FORM THE BASIS OF SUCH COMPLAINT OCCURRED AND THE SUPERINTENDENT
OF STATE POLICE, IF SUCH COMPLAINT ALLEGES THAT SUCH PERSON LICENSED TO
PRACTICE PSYCHOLOGY, LICENSED TO PRACTICE SOCIAL WORK OR LICENSED TO
PRACTICE MENTAL HEALTH COUNSELING, ENGAGED IN SEXUAL INTERCOURSE, ORAL
SEXUAL CONDUCT OR SEXUAL CONTACT, AS THOSE TERMS ARE DEFINED IN SECTION
130.00 OF THE PENAL LAW, WITH A PATIENT. SUCH REPORT SHALL BE MADE
WITHIN TWENTY-FOUR HOURS AFTER IT IS RECEIVED BY SUCH OFFICE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15916-01-2