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

                                  10486

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public  health  law,  in  relation  to  professional
  misconduct   based  upon  convictions  of  crimes  and  administrative
  violations

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

  Section  1.  Paragraph  (p)  of  subdivision  10 of section 230 of the
public health law, as amended by chapter 599 of the  laws  of  1996,  is
amended to read as follows:
  (p)  Convictions  of  crimes or administrative violations. In cases of
professional misconduct based solely upon  a  violation  of  subdivision
nine  of  section  sixty-five  hundred  thirty of the education law, the
director may direct that charges be prepared and served  and  may  refer
the  matter  to  a  committee on professional conduct for its review and
report of findings, conclusions as to guilt, and  determination,  EXCEPT
THAT  IN CASES IN WHICH THE MISCONDUCT IS BASED UPON THE CONVICTION OF A
CRIME COMMITTED IN THE COURSE OF THE LICENSEE'S  PRACTICE  OF  MEDICINE,
THE  DIRECTOR  SHALL  DIRECT  THAT  CHARGES  BE  PREPARED AND SERVED AND
REFERRED TO A COMMITTEE ON  PROFESSIONAL  CONDUCT  FOR  ITS  REVIEW  AND
REPORT OF FINDINGS, CONCLUSIONS AS TO GUILT, AND DETERMINATION.  In such
cases,  the notice of hearing shall state that the licensee shall file a
written answer to each of the charges and allegations in  the  statement
of  charges  no  later  than ten days prior to the hearing, and that any
charge or allegation not so answered shall be deemed admitted, that  the
licensee  may  wish  to  seek the advice of counsel prior to filing such
answer that the licensee may  file  a  brief  and  affidavits  with  the
committee   on  professional  conduct,  that  the  licensee  may  appear
personally before the committee on professional conduct, may be  repres-
ented  by  counsel and may present evidence or sworn testimony in his or
her behalf, and the notice may contain such other information as may  be
considered  appropriate by the director. The department may also present
evidence or sworn testimony and file a brief at the  hearing.  A  steno-
graphic  record  of  the  hearing  shall be made. Such evidence or sworn

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

                                                           LBD15296-01-6

A. 10486                            2

testimony offered to the committee  on  professional  conduct  shall  be
strictly  limited  to  evidence and testimony relating to the nature and
severity of the penalty to be  imposed  upon  the  licensee.  Where  the
charges  are based on the conviction of state law crimes in other juris-
dictions, evidence may be offered to the committee which would show that
the conviction would not be a crime in New York state.  WHERE THE CHARG-
ES ARE BASED ON THE CONVICTION OF A FELONY AS DEFINED IN THE PENAL  LAW,
OR AS DEFINED BY THE LAWS OF ANOTHER JURISDICTION AND WHICH IF COMMITTED
WITHIN  THIS  STATE  WOULD  HAVE CONSTITUTED A FELONY IN THIS STATE, AND
SAID CRIMES HAVING BEEN COMMITTED IN THE COURSE OF THE LICENSEE'S  PRAC-
TICE  OF MEDICINE, THEN A DETERMINATION BY THE COMMITTEE SUSTAINING SAID
CHARGE SHALL RESULT IN THE REVOCATION OF A LICENSE, UNLESS  THE  COMMIT-
TEE,  HAVING  REGARD  TO  THE  NATURE AND CIRCUMSTANCES OF THE CRIME AND
HISTORY OF THE LICENSEE IS OF THE OPINION THAT REVOCATION WOULD BE MANI-
FESTLY UNJUST, WHEREUPON THE COMMITTEE MAY IMPOSE SUCH  OTHER  PENALTIES
AS  SET FORTH IN SECTION TWO HUNDRED THIRTY-A OF THIS TITLE, AND IN SUCH
CASE THE REASONS FOR THE COMMITTEE'S DETERMINATION SHALL BE SET FORTH IN
ITS ORDER. The committee on professional conduct  may  reasonably  limit
the  number of witnesses whose testimony will be received and the length
of time any witness will be permitted to testify. The  determination  of
the  committee  shall  be served upon the licensee and the department in
accordance with the provisions of paragraph (h) of this  subdivision.  A
determination pursuant to this subdivision may be reviewed by the admin-
istrative review board for professional medical conduct.
  S 2. This act shall take effect immediately and shall apply to profes-
sional misconduct proceedings occurring on and after such date.