senate Bill S7456B

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A10336 - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.365
Jul 20, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1479
substituted for s7456b
Jun 21, 2012 substituted by a10336b
ordered to third reading cal.1479
committee discharged and committed to rules
Jun 12, 2012 print number 7456b
amend and recommit to codes
Jun 06, 2012 print number 7456a
amend (t) and recommit to codes
May 22, 2012 referred to codes

S7456 - Details

See Assembly Version of this Bill:
A10336B
Law Section:
Education Law
Laws Affected:
Amd §6510, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A10336A

S7456 - 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.

S7456 - Sponsor Memo

S7456 - Bill Text download pdf

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

                                  7456

                            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

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

S7456A - Details

See Assembly Version of this Bill:
A10336B
Law Section:
Education Law
Laws Affected:
Amd §6510, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A10336A

S7456A - 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.

S7456A - Sponsor Memo

S7456A - Bill Text download pdf

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

                                 7456--A

                            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

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.
                                                           LBD15950-04-2

Co-Sponsors

S7456B (ACTIVE) - Details

See Assembly Version of this Bill:
A10336B
Law Section:
Education Law
Laws Affected:
Amd §6510, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A10336A

S7456B (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 professional misconduct to report certain sex offenses to the appropriate law enforcement official or authority.

S7456B (ACTIVE) - Sponsor Memo

S7456B (ACTIVE) - Bill Text download pdf

                    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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