Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jun 16, 2016 | referred to health delivered to assembly passed senate ordered to third reading cal.1910 committee discharged and committed to rules |
Jun 13, 2016 | print number 7791b |
Jun 13, 2016 | amend and recommit to finance |
Jun 10, 2016 | print number 7791a |
Jun 10, 2016 | amend (t) and recommit to finance |
Jun 01, 2016 | reported and committed to finance |
May 12, 2016 | referred to higher education |
senate Bill S7791B
Sponsored By
Kenneth P. LaValle
(R) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Votes
Bill Amendments
Co-Sponsors
Kemp Hannon
(R, C, IP) 0 Senate District
S7791 - Details
- Current Committee:
- Assembly Health
- Law Section:
- Education Law
- Laws Affected:
- Amd §§6501, 6510 & 6506, Ed L
- Versions Introduced in 2017-2018 Legislative Session:
-
S1380
S7791 - 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.
S7791 - Sponsor Memo
BILL NUMBER: S7791 TITLE OF BILL : An act to amend the education law, in relation to the requirement for fingerprinting of licensed professionals under Title VIII of such law, access to patient or client records in the investigation and prosecution of professional licensing and misconduct proceedings and summary suspension of professional licenses PURPOSE : To provide for criminal background checks for licensed professionals. SUMMARY OF PROVISIONS : Section 1. Amends education law section 6501 to provide for a criminal history records search upon admission to a profession under the jurisdiction of the New York State Education Department (SED). This provision further provides that all professions under SED's purview, in order to be admitted, all applicants must be of good moral character as determined by SED in regulations. Subdivision 3 of new section 6501 further provides that starting on July 1, 2017 when SED receive an application for professional licensure, SED must initiate a criminal history records search in accordance with New York State Division of Criminal Justice Services (DCJS) rules and regulations. SED shall also provide the applicant
S7791 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7791 I N S E N A T E May 12, 2016 ___________ Introduced by Sens. LAVALLE, HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to the requirement for fingerprinting of licensed professionals under Title VIII of such law, access to patient or client records in the investigation and prose- cution of professional licensing and misconduct proceedings and summa- ry suspension of professional 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. CRIMINAL HISTORY RECORDS SEARCH. A. SEARCH. UPON RECEIPT OF AN APPLICATION FOR PROFESSIONAL LICENSURE UNDER THIS TITLE ON OR AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, AS PRESCRIBED IN REGULATIONS OF THE COMMISSIONER, THE DEPARTMENT SHALL, SUBJECT TO THE RULES AND REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, INITIATE A CRIMINAL HISTO- RY RECORDS SEARCH OF THE PERSON MAKING APPLICATION. PRIOR TO INITIATING THE FINGERPRINTING PROCESS, THE DEPARTMENT SHALL FURNISH THE APPLICANT WITH THE FORM DESCRIBED IN PARAGRAPH B OF THIS SUBDIVISION AND SHALL OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH AS A CONDITION OF LICENSURE. THE DEPARTMENT SHALL THEN REQUIRE THE APPLI- CANT TO BE FINGERPRINTED, IN A MANNER AND TIMEFRAME PRESCRIBED BY THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Kemp Hannon
(R, C, IP) 0 Senate District
S7791A - Details
- Current Committee:
- Assembly Health
- Law Section:
- Education Law
- Laws Affected:
- Amd §§6501, 6510 & 6506, Ed L
- Versions Introduced in 2017-2018 Legislative Session:
-
S1380
S7791A - 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.
S7791A - Sponsor Memo
BILL NUMBER: S7791A TITLE OF BILL : 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 professional licenses PURPOSE : This bill would enhance and strengthen the State Education Department's (SED) disciplinary process for licensed professionals. SUMMARY OF PROVISIONS : Section 1. Requires all licensed professionals to meet moral character requirements as defined by SED; requires all licensed professionals to report to SED all criminal convictions and/or pending charges and any charges of professional misconduct in any jurisdiction and/or any adverse actions undertaken by a hospital or employer within 30 days; provides that all records submitted to SED shall remain confidential; provides that when a licensed professional reports a criminal conviction, a SED professional conduct officer can initiate an investigation of potential disciplinary action and; requires District Attorneys to provide notice to SED when a licensed professional is
S7791A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7791--A I N S E N A T E May 12, 2016 ___________ Introduced by Sens. LAVALLE, HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee and committed to the Commit- tee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Kemp Hannon
(R, C, IP) 0 Senate District
S7791B (ACTIVE) - Details
- Current Committee:
- Assembly Health
- Law Section:
- Education Law
- Laws Affected:
- Amd §§6501, 6510 & 6506, Ed L
- Versions Introduced in 2017-2018 Legislative Session:
-
S1380
S7791B (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.
S7791B (ACTIVE) - Sponsor Memo
BILL NUMBER: S7791B TITLE OF BILL : 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 professional licenses PURPOSE : This bill would enhance and strengthen the State Education Department's (SED) disciplinary process for licensed professionals. SUMMARY OF PROVISIONS : Section 1. Requires all licensed professionals to meet moral character requirements as defined by SED; requires all licensed professionals to report to SED all criminal convictions and/or pending charges and any charges of professional misconduct in any jurisdiction and/or any adverse actions undertaken by a hospital or employer within 30 days; provides that all records submitted to SED shall remain confidential; provides that when a licensed professional reports a criminal conviction, a SED professional conduct officer can initiate an investigation of potential disciplinary action and; requires District Attorneys to provide notice to SED when a licensed professional is convicted of a crime.
S7791B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7791--B I N S E N A T E May 12, 2016 ___________ Introduced by Sens. LAVALLE, HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee and committed to the Commit- tee on Finance -- 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 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 LICENSEES AS DEFINED BY THE COMMISSIONER IN REGULATION, SHALL BE REQUIRED TO REPORT TO THE DEPARTMENT WITHIN THIRTY DAYS ANY RECORD OF A CONVICTION OF A CRIME AND/OR ANY PENDING CRIMINAL CHARGES. SUCH REPORTING REQUIREMENTS SHALL NOT APPLY FOR TRAFFIC VIOLATIONS, ACQUIT- TALS OR DISMISSED CHARGES. LICENSEES SHALL ALSO REPORT TO THE DEPARTMENT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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