Assembly Bill A10380

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

                                  10380

                          I N  A S S E M B L Y

                              May 25, 2016
                               ___________

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

AN  ACT  to  amend  the public health law, in relation to convictions of
  crimes  or  administrative  violations  in   professional   misconduct
  proceedings

  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
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 THE CHARGES BE PREPARED AND SERVED AND REFERRED TO
A  COMMITTEE  ON  PROFESSIONAL CONDUCT OR ITS REVIEW AND REPORT OF FIND-
INGS, 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 charg-
es 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 represented 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 testimo-
ny and file a brief at the hearing. A stenographic record of the hearing
shall be made. Such evidence or sworn testimony offered to the committee

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

                                                           LBD15278-01-6

A. 10380                            2

on professional conduct shall be strictly limited to evidence and testi-
mony  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 jurisdictions, evidence may be offered to the
committee which would show that the conviction would not be a  crime  in
New  York  state.    WHERE  THE CHARGES ARE BASED ON THE CONVICTION OF A
FELONY AS DEFINED UNDER THE NEW YORK STATE PENAL LAW, OR AS  DEFINED  BY
THE  LAWS  OF  ANOTHER  JURISDICTION  AND WHICH IF COMMITTED WITHIN THIS
STATE WOULD HAVE CONSTITUTED A  FELONY,  AND  SAID  CRIMES  HAVING  BEEN
COMMITTED  IN  THE COURSE OF THE LICENSEE'S PRACTICE OF MEDICINE, THEN A
DETERMINATION BY THE COMMITTEE SUSTAINING SAID CHARGES SHALL RESULT IN A
REVOCATION OF SUCH LICENSE, UNLESS THE COMMITTEE, HAVING REGARD  TO  THE
NATURE  AND CIRCUMSTANCES OF THE CRIME AND HISTORY OF THE LICENSEE IS OF
THE OPINION THAT REVOCATION WOULD BE MANIFESTLY  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  pursu-
ant  to  this  subdivision  may be reviewed by the administrative review
board for professional medical conduct.
  S 2. This act shall take effect immediately.