assembly Bill A10532

2015-2016 Legislative Session

Relates to access to patient or client records in the investigation and prosecution of professional licensing and misconduct proceedings

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2016 reported referred to codes
May 31, 2016 referred to higher education

A10532 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Education Law
Laws Affected:
Amd ยงยง6501, 6510 & 6506, Ed L

A10532 (ACTIVE) - Summary

Relates to access to patient or client records in the investigation and prosecution of professional licensing and misconduct proceedings and summary suspension of professional licenses; creates a moral conduct requirement for criminal history records search for admission to a practice of a profession in this state; makes related provisions.

A10532 (ACTIVE) - Bill Text download pdf

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

                                  10532

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education law, in relation to access to  patient  or
  client  records  in  the investigation and prosecution of professional
  licensing and misconduct proceedings and summary suspension of profes-
  sional licenses

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

  Section 1. Section 6501 of the education law, as amended by chapter 81
of the laws of 1995, is amended to read as follows:
  S  6501.  Admission  to  a profession (licensing) AND CRIMINAL HISTORY
RECORDS SEARCH.  1. ADMISSION. Admission to practice of a profession  in
this  state  is  accomplished  by  a license being issued to a qualified
applicant by the education department.   To qualify  for  a  license  an
applicant  shall meet the requirements prescribed in the article for the
particular profession and shall  meet  the  requirements  prescribed  in
section 3-503 of the general obligations law.
  2. MORAL CHARACTER REQUIREMENT. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW OR REGULATION TO THE CONTRARY, TO QUALIFY FOR A PROFESSIONAL LICENSE
OR  TO  BE A REGISTERED ENTITY UNDER THIS TITLE, AN APPLICANT FOR LICEN-
SURE OR REGISTRATION AS DEFINED BY THE COMMISSIONER IN REGULATIONS SHALL
BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
  3. MANDATORY REPORTING OF CONVICTIONS AND PENDING CRIMINAL CHARGES AND
ADVERSE EMPLOYMENT ACTIONS.
  A. ALL LICENSED PROFESSIONALS AS DEFINED BY THE COMMISSIONER IN  REGU-
LATION, SHALL BE REQUIRED TO REPORT TO THE DEPARTMENT WITHIN THIRTY DAYS
ANY RECORD OF A CONVICTION OF A CRIME AND/OR ANY PENDING CRIMINAL CHARG-
ES.  SUCH REPORTING REQUIREMENTS SHALL NOT APPLY FOR TRAFFIC VIOLATIONS,
ACQUITTALS  OR  DISMISSED  CHARGES.  LICENSEES  SHALL ALSO REPORT TO THE
DEPARTMENT WITHIN THIRTY DAYS ANY CHARGES OF PROFESSIONAL MISCONDUCT  IN
ANY  JURISDICTION  AND/OR  ANY ADVERSE ACTIONS UNDERTAKEN BY A HOSPITAL,
INSTITUTION OR EMPLOYER AS  A  RESULT  OF  THE  LICENSEE'S  PROFESSIONAL
DUTIES.  FAILURE  OF A LICENSED PROFESSIONAL TO PROVIDE SUCH A REPORT TO
THE DEPARTMENT WITHIN THIRTY DAYS OF THE ACTION, SHALL  BE  GROUNDS  FOR

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

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