NY State Senate Bill S7791B

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Introduced
In Committee
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- Passed Assembly
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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

Votes

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Jun 16, 2016 - floor Vote

S7791B

floor

Aye

Nay

Absent

Excused

Abstained

Jun 16, 2016 - Rules committee Vote

S7791B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 1, 2016 - Higher Education committee Vote

S7791

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

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

with a form proscribed under law prior to initiating the
fingerprinting process in order to obtain the applicant's consent to
the background check as a condition of licensure

The form shall inform the applicant that SED is required to request
criminal history information from DCJS and the FBI and review this
information and that the applicant has the right to review and seek
correction of this information pursuant to regulations and procedures
established by DOS.

SED must obtain signed, informed consent of the applicant which
indicates that the applicant has been informed of the right and
procedures necessary to obtain, review and seek correction of criminal
history information, the reason for the request, consent of such
request, supplied a current mailing address for the applicant,
informed and the applicant may withdraw an application for licensure
without prejudice at any time before the licensed is issued regardless
of whether SED reviewed the applicant's criminal history information,
informed that in the event of a denied license that SED must notify
DCJS of the denial of licensure and DCJS must destroy that applicant's
fingerprints and the applicant had been informed of the manner in
which he or she may submit any information in regard to good conduct
and rehabilitation.

The subdivision further provides the appropriate fees. It further
provides that if SED determines that the applicant may not have the
proper moral character for licensure based upon the applicant's
criminal history record, the applicant must be afforded notice and a
hearing to offer proof in opposition to such determination in
accordance with SED regulations. SED must require applicants for
licensure to submit fingerprints and DCJS and the FBI shall forward
the criminal history record to SED in a timely manner. This also
provides that there shall be no cause of action against the SED
Commissioner, DCJS or their officers or employees for damages related
to the dissemination of criminal history background records when said
parties have reasonable and in good faith relied upon the accuracy of
this information.

Subdivision 4 of the section provides that all licensed professionals
shall be required to report to SED within 30 days any record of a
conviction of a crime and/or any pending criminal charges. Licensees
must also report to SED within 30 days any charges of professional
misconduct in any jurisdiction and/or any adverse actions undertaken
by a hospital, institution or employer as result of the licensee's
professional duties.

Failure of a licensee to provide such information shall be grounds for
professional misconduct under the education law. SED must promulgate a
form to be provided to all licensees on which they must report any
charges defined herein. All records processed pursuant to subdivision
4 must be confidential and must not be published or in any way
disclosed to persons other than SED personnel.. Upon receipt of a
report from a licensee that they have been subject to a criminal
conviction or disciplinary action, SED may refer the report to the
professional conduct officer for an investigation of potential
disciplinary action. If a licensed professional is convicted of an
crime, the District Attorney (DA) must provide notice to SED and SED
must proceed to determine whether the individual possess good moral
character without delay.

Section 2. Amends education law section 6510 to provide for SED to
have the ability to perform a summary action as part of discipline for
misconduct in relation to licensure. Whenever the SED commissioner or
h is her designee is presented with information indicating that a
licensee or a registered entity is causing or engaging in conduct
which has resulted in patient and/or client harm and if in the
commissioner's opinion it would be prejudicial to the interests of the
people to delay action until an opportunity for a hearing can be
provided or after an investigation and a recommendation by the SED
commissioner that a licensee is causing or engaging in conduct which
constitutes an imminent danger to the heath and/or safety of the
people, the commissioner may order the licensee by written notice to
discontinue such dangerous conduct and suspend any privileges to
practice the profession or take certain action immediately for a
period of 90 days from the date of service of the order. Within 10
days from service of the order, SED shall schedule a hearing and the
hearing must be completed within 90 days of the service of the order.
The SED commissioner shall first determine whether by a preponderance
of the evidence the licensee is eng aging in an activity which
constitutes imminent danger or harm to the health of the people.

Section 3. Amends education law 6560(8) to provide that a professional
conduct officer may examine and obtain records of patients or clients
in any investigation or proceeding by SED acting within the scope of
its authorization. Any information obtained shall be confidential and
shall not be further disclosed except to the extent necessary for the
proper function of SED without express consent.

Section 4. Sets for the effective date.

 JUSTIFICATION :

In April 2016, ProPublica released an investigation into discipline
practices for nurses across the State of New (http://ww.
propublica.org/ article/weak-oversigh -lets-dangerous-nurses -work-
innew-york). This legislation is intended to be a start in remedying
issues laid out with the discipline process through the New York State
Education (SED) for licensure of professions under the jurisdiction.

Previously, New York did not have the ability for summary suspensions
for cases of imminent harm and providing SED with this tool will help
streamline the disciplinary process in severe cases. Further, criminal
background checks were only performed for prospective teachers and no
other licensed professionals under SED's jurisdiction.


Ultimately, the Legislature is committed to make sure that the public
is protected and the best way to achieve this goal is to take an
intense look at the current process. It is important that all
applicants for a license for a profession under SED's jurisdiction are
fingerprinted and a background check is provided before that person
receives clearance for a license. Especially for the health care
professions, it is important that those providing services to the
citizens of New York State are of the highest moral character
standards and that there are protections in place for New Yorkers if
any licensed professionals run afoul of this standard.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

 EFFECTIVE DATE :
On the 180th day after it shall have become law.

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.

                                                           LBD15421-01-6

S. 7791                             2

DEPARTMENT,  AND THE APPLICANT SHALL PAY ANY REQUIRED FEES TO BE FINGER-
PRINTED, INCLUDING THE DIVISION OF CRIMINAL JUSTICE SERVICES  PROCESSING
FEE  IMPOSED  PURSUANT  TO  SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED
THIRTY-SEVEN  OF  THE  EXECUTIVE  LAW AND ANY FEE IMPOSED BY THE FEDERAL
BUREAU OF INVESTIGATION. THE DEPARTMENT SHALL REQUIRE  THE  TRANSMISSION
OF  SUCH  FINGERPRINTS  AND  FEES  TO  THE  DIVISION OF CRIMINAL JUSTICE
SERVICES FOR ITS FULL SEARCH AND RETAIN PROCESSING IN  A  TIMEFRAME  AND
MANNER  PRESCRIBED  BY  THE DEPARTMENT. THE DIVISION OF CRIMINAL JUSTICE
SERVICES IS AUTHORIZED TO SUBMIT THE FINGERPRINTS  AND  THE  APPROPRIATE
FEE  TO  THE  FEDERAL  BUREAU  OF  INVESTIGATION FOR A NATIONAL CRIMINAL
HISTORY RECORD CHECK.  THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
FEDERAL BUREAU OF INVESTIGATION  SHALL  FORWARD  SUCH  CRIMINAL  HISTORY
RECORD  TO  THE DEPARTMENT IN A TIMELY MANNER.  FOR THE PURPOSES OF THIS
SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL MEAN A RECORD  OF  ALL
CONVICTIONS  OF CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN
INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE  FEDERAL
BUREAU  OF  INVESTIGATION. THE DEPARTMENT MAY REQUIRE ADDITIONAL FINGER-
PRINT SUPPORTED CRIMINAL HISTORY RECORDS SEARCHES FOR ISSUANCE OF  ADDI-
TIONAL  LICENSES,  PERMITS  OR  OTHER  PROFESSIONAL PRACTICE CREDENTIALS
UNDER THIS TITLE, IN ADDITION ITS CONSIDERATION  OF  OTHER  EVIDENCE  OF
MORAL CHARACTER INCLUDING, BUT NOT LIMITED TO, INFORMATION RECEIVED FROM
THE  APPLICANT  AND  SUBSEQUENT  CRIMINAL HISTORY NOTIFICATIONS FROM THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
  B. FORM. THE DEPARTMENT SHALL DEVELOP A FORM TO  BE  PROVIDED  TO  ALL
APPLICANTS THAT SHALL:
  (I)  INFORM  THE  APPLICANT THAT THE DEPARTMENT IS REQUIRED TO REQUEST
HIS OR HER CRIMINAL HISTORY INFORMATION FROM THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION AND REVIEW SUCH
INFORMATION  PURSUANT  TO THIS SECTION, AND PROVIDE A DESCRIPTION OF THE
MANNER IN WHICH HIS OR HER FINGERPRINTS WILL BE USED UPON SUBMISSION  TO
THE DIVISION OF CRIMINAL JUSTICE SERVICES;
  (II)  INFORM  THE  APPLICANT  THAT  HE OR SHE HAS THE RIGHT TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER  CRIMINAL  HISTORY  INFORMATION
PURSUANT  TO  REGULATIONS  AND PROCEDURES ESTABLISHED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  C. CONSENT. THE DEPARTMENT SHALL OBTAIN THE SIGNED,  INFORMED  CONSENT
OF THE APPLICANT ON SUCH FORM SUPPLIED BY THE DEPARTMENT WHICH INDICATES
THAT SUCH PERSON HAS:
  (I)  BEEN  INFORMED  OF  THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
  (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
  (III) CONSENTED TO SUCH REQUEST FOR A REPORT;
  (IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME  ADDRESS  FOR  THE
APPLICANT;
  (V)  BEEN  INFORMED THAT HE OR SHE MAY WITHDRAW HIS OR HER APPLICATION
FOR LICENSURE PURSUANT TO THIS SECTION, WITHOUT PREJUDICE, AT  ANY  TIME
BEFORE  THE  LICENSE IS ISSUED, REGARDLESS OF WHETHER THE DEPARTMENT HAS
REVIEWED SUCH APPLICANT'S CRIMINAL HISTORY INFORMATION;
  (VI) BEEN INFORMED THAT IN THE EVENT HIS OR HER LICENSE IS DENIED, THE
DEPARTMENT SHALL NOTIFY THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  OF
SUCH DENIAL, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DESTROY
THE  FINGERPRINTS  OF  SUCH  PERSON.  SUCH  PERSON  MAY REQUEST THAT THE
DEPARTMENT NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT HIS  OR
HER  FINGERPRINTS  SHALL  BE DESTROYED PRIOR TO THE DENIAL OF HIS OR HER
LICENSE IN WHICH CASE THE DEPARTMENT SHALL NOTIFY THE DIVISION OF CRIMI-

S. 7791                             3

NAL JUSTICE SERVICES AND THE DIVISION SHALL DESTROY THE FINGERPRINTS  OF
SUCH PERSON PROMPTLY UPON RECEIPT OF THE REQUEST; AND
  (VII) BEEN INFORMED OF THE MANNER IN WHICH HE OR SHE MAY SUBMIT TO THE
DEPARTMENT  ANY INFORMATION THAT MAY BE RELEVANT TO THE CONSIDERATION OF
HIS OR HER APPLICATION FOR LICENSURE INCLUDING, WHERE APPLICABLE, INFOR-
MATION IN REGARD TO HIS OR HER GOOD CONDUCT AND REHABILITATION.
  D. FEES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
APPLICANTS  FOR  LICENSURE MAY BE CHARGED FEES IN AN AMOUNT EQUAL TO THE
FEES ESTABLISHED PURSUANT TO LAW BY THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  AND THE FEDERAL BUREAU OF INVESTIGATION AND ANY OTHER ADMINIS-
TRATIVE FEES FOR THE SEARCHES MANDATED BY THIS SECTION.
  E. QUESTION OF MORAL CHARACTER. WHEN THE  DEPARTMENT  DETERMINES  THAT
THE  APPLICANT MAY NOT HAVE THE REQUISITE MORAL CHARACTER FOR LICENSURE,
BASED UPON THE INFORMATION CONTAINED IN THE CRIMINAL HISTORY RECORD, THE
APPLICANT SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD  AND  OFFER
PROOF  IN  OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE WITH THE REGU-
LATIONS OF THE DEPARTMENT.
  F. DUTIES OF THE  DEPARTMENT;  SUBMISSION  OF  FINGERPRINTS.  (I)  THE
DEPARTMENT SHALL REQUIRE APPLICANTS FOR LICENSURE TO SUBMIT FINGERPRINTS
FOR  A  CRIMINAL  HISTORY  RECORDS SEARCH, IN A MANNER PRESCRIBED BY THE
COMMISSIONER IN REGULATIONS.  THE DIVISION OF CRIMINAL JUSTICE  SERVICES
AND  THE  FEDERAL  BUREAU  OF  INVESTIGATION SHALL FORWARD SUCH CRIMINAL
HISTORY RECORD TO THE DEPARTMENT IN A TIMELY MANNER. FOR THE PURPOSES OF
THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL MEAN A RECORD  OF
ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON
AN  INDIVIDUAL  BY  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AND THE
FEDERAL BUREAU OF INVESTIGATION.
  (II) NO CAUSE OF ACTION AGAINST THE COMMISSIONER,  THE  DEPARTMENT  OR
THE  DIVISION OF CRIMINAL JUSTICE SERVICES, OR THEIR OFFICERS OR EMPLOY-
EES, FOR DAMAGES  RELATED  TO  THE  DISSEMINATION  OF  CRIMINAL  HISTORY
RECORDS  PURSUANT  TO  THIS  SECTION  SHALL EXIST WHEN THE COMMISSIONER,
DEPARTMENT OR DIVISION OF CRIMINAL JUSTICE SERVICES, OR  THEIR  OFFICERS
OR  EMPLOYEES HAVE REASONABLY AND IN GOOD FAITH RELIED UPON THE ACCURACY
AND COMPLETENESS OF CRIMINAL HISTORY  INFORMATION  FURNISHED  TO  IT  BY
QUALIFIED AGENCIES. THE PROVISION OF SUCH INFORMATION BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVI-
SION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW. THE
CONSIDERATION OF SUCH CRIMINAL HISTORY RECORD BY THE DEPARTMENT SHALL BE
SUBJECT TO ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  (III)  AFTER RECEIPT OF A CRIMINAL HISTORY RECORD FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU  OF  INVESTIGATION  THE
DEPARTMENT  SHALL  REVIEW  THE CRIMINAL HISTORY RECORD TO DETERMINE IF A
REASONABLE QUESTION EXISTS AS TO THE APPLICANT'S  MORAL  CHARACTER  AND,
UPON  SUCH A DETERMINATION, CONDUCT A MORAL CHARACTER REVIEW PURSUANT TO
THE RULES OF THE BOARD OF REGENTS. WHEN THE DEPARTMENT MAKES A  DETERMI-
NATION  THAT  THE  APPLICANT  LACKS  THE REQUISITE MORAL CHARACTER FOR A
PROFESSIONAL LICENSE, SUCH APPLICANT SHALL BE AFFORDED  NOTICE  AND  THE
RIGHT TO BE HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION IN
ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT.
  (IV)  THE  DEPARTMENT  AND  THE  DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL ENTER INTO AN AGREEMENT  FOR  THE  PURPOSES  OF  IMPLEMENTING  THE
PROVISIONS OF THIS SECTION.
  4. MANDATORY REPORTING OF CONVICTIONS AND PENDING CRIMINAL CHARGES AND
ADVERSE EMPLOYMENT ACTIONS.  A. ALL LICENSED PROFESSIONALS 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

S. 7791                             4

AND/OR  ANY  PENDING CRIMINAL CHARGES. 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 PROFESSIONAL MISCONDUCT PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
  B. THE DEPARTMENT SHALL PROMULGATE A FORM TO BE PROVIDED TO ALL LICEN-
SEES BY WHICH THEY MUST REPORT CHARGES AS DEFINED IN PARAGRAPH A OF THIS
SUBDIVISION.
  C. ALL SUCH RECORDS PROCESSED AND SUBMITTED PURSUANT TO THIS  SUBDIVI-
SION  SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND STATE
LAWS, RULES AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR  IN  ANY  WAY
DISCLOSED  TO PERSONS OTHER THAN THE DEPARTMENT PERSONNEL, UNLESS OTHER-
WISE AUTHORIZED BY LAW.  NO CAUSE OF ACTION  AGAINST  THE  COMMISSIONER,
THE  DEPARTMENT OR THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR DAMAGES
RELATED TO THE DISSEMINATION OF RECORDS  PURSUANT  TO  THIS  SUBDIVISION
SHALL  EXIST  WHEN  THE COMMISSIONER, DEPARTMENT OR DIVISION OF CRIMINAL
JUSTICE SERVICES HAVE REASONABLY AND IN GOOD FAITH RELIED UPON THE ACCU-
RACY AND COMPLETENESS OF INFORMATION FURNISHED TO IT BY THE LICENSEE  OR
QUALIFIED AGENCIES.
  D.  UPON  RECEIPT  OF  A REPORT FROM A LICENSED PROFESSIONAL THAT THEY
HAVE BEEN THE SUBJECT OF A CRIMINAL CONVICTION OR  DISCIPLINARY  ACTION,
THE  DEPARTMENT MAY REFER THE REPORT TO THE PROFESSIONAL CONDUCT OFFICER
FOR AN INVESTIGATION OF POTENTIAL DISCIPLINARY ACTION UNDER THE APPLICA-
BLE PROVISIONS OF THIS SECTION.
  E. IN THE EVENT THAT A  LICENSED  PROFESSIONAL  IS  CONVICTED  OF  ANY
CRIME, THE DISTRICT ATTORNEY SHALL PROVIDE NOTICE THEREOF TO THE COMMIS-
SIONER.   UPON RECEIVING NOTICE OF A CONVICTION FROM A DISTRICT ATTORNEY
PURSUANT TO THIS  PARAGRAPH,  THE  COMMISSIONER  SHALL,  WITHOUT  DELAY,
PROCEED TO DETERMINE WHETHER THE INDIVIDUAL POSSESSES GOOD MORAL CHARAC-
TER, IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER.  NOTHING IN
THIS  ARTICLE  SHALL  BE  CONSTRUED AS CREATING ANY AUTHORITY TO TAKE AN
ADVERSE ACTION AGAINST A LICENSE BY VIRTUE OF A REPORT PURSUANT TO  THIS
PARAGRAPH WHICH HAS NOT BEEN SUBSTANTIATED.
  S  2.  Section  6510  of  the education law is amended by adding a new
subdivision 10 to read as follows:
  10. SUMMARY ACTION. A. WHENEVER THE COMMISSIONER OR HIS OR HER  DESIG-
NEE, (I) AFTER BEING PRESENTED WITH INFORMATION INDICATING THAT A LICEN-
SEE  OR  A REGISTERED ENTITY IS CAUSING OR ENGAGING IN CONDUCT WHICH HAS
RESULTED IN PATIENT AND/OR CLIENT HARM  AND  IF  IN  THE  COMMISSIONER'S
OPINION  IT WOULD BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY
ACTION UNTIL AN OPPORTUNITY FOR A HEARING CAN BE PROVIDED IN  ACCORDANCE
WITH  THE  PREHEARING  AND  HEARING  PROVISIONS OF THIS SECTION; OR (II)
AFTER AN INVESTIGATION AND A RECOMMENDATION  BY  THE  COMMISSIONER  THAT
BASED  UPON  A  DETERMINATION  THAT A LICENSEE IS CAUSING OR ENGAGING IN
CONDUCT WHICH IN THE  COMMISSIONER'S  OPINION  CONSTITUTES  AN  IMMINENT
DANGER  TO THE HEALTH AND/OR SAFETY OF THE PEOPLE, AND THAT IT THEREFORE
APPEARS TO BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY ACTION
UNTIL AN OPPORTUNITY FOR A HEARING CAN BE PROVIDED  IN  ACCORDANCE  WITH
THE  PREHEARING AND HEARING PROVISIONS OF THIS SECTION; THE COMMISSIONER
MAY ORDER THE LICENSEE, BY WRITTEN NOTICE, TO DISCONTINUE SUCH DANGEROUS
CONDUCT, WHICH SHALL INCLUDE THE SUSPENSION OF ANY PRIVILEGES  TO  PRAC-
TICE THE PROFESSION PURSUANT TO TITLE EIGHT OF THIS CHAPTER IN THE STATE

S. 7791                             5

OF  NEW  YORK,  OR  TAKE  CERTAIN ACTION IMMEDIATELY AND FOR A PERIOD OF
NINETY DAYS FROM THE DATE OF SERVICE OF THE ORDER. WITHIN TEN DAYS  FROM
THE  DATE  OF  SERVICE OF THE SAID ORDER, THE DEPARTMENT SHALL REGULARLY
SCHEDULE SUCH HEARING PROCEEDINGS AS REQUIRED BY THIS SECTION, PROVIDED,
HOWEVER,  THAT  THE HEARING SHALL BE COMPLETED WITHIN NINETY DAYS OF THE
DATE OF SERVICE OF THE ORDER. TO THE EXTENT THAT THE ISSUE  OF  IMMINENT
DANGER  OR  HARM  CAN  BE  PROVEN  WITHOUT THE ATTORNEY REPRESENTING THE
DEPARTMENT PUTTING IN ITS ENTIRE  CASE,  THE  COMMISSIONER  SHALL  FIRST
DETERMINE  WHETHER  BY  A  PREPONDERANCE OF THE EVIDENCE THE LICENSEE IS
CAUSING, ENGAGING IN  OR  MAINTAINING  A  CONDITION  OR  ACTIVITY  WHICH
CONSTITUTES  AN IMMINENT DANGER OR HARM TO THE HEALTH OF THE PEOPLE. THE
ATTORNEY REPRESENTING THE DEPARTMENT SHALL  HAVE  THE  BURDEN  OF  GOING
FORWARD  AND  PROVING  BY  A  PREPONDERANCE  OF  THE  EVIDENCE  THAT THE
LICENSEE'S CONDUCT, ACTIVITY OR PRACTICE RESULTED IN PATIENT  OR  CLIENT
HARM,  OR  SUCH  PRACTICE  CONSTITUTES  AN IMMINENT DANGER TO THE HEALTH
AND/OR SAFETY OF THE PEOPLE. THE LICENSEE SHALL HAVE AN  OPPORTUNITY  TO
BE HEARD AND TO PRESENT PROOF. WHEN BOTH THE DEPARTMENT AND THE LICENSEE
HAVE COMPLETED THEIR CASES WITH RESPECT TO THE QUESTION OF HARM OR IMMI-
NENT DANGER, THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL PROMPTLY MAKE
A  RECOMMENDATION  TO A SINGLE MEMBER OF THE BOARD OF REGENTS, APPOINTED
BY THE CHANCELLOR OF THE BOARD OF REGENTS OR HIS OR HER DESIGNEE, ON THE
ISSUE OF HARM OR IMMINENT DANGER AND DETERMINE WHETHER THE SUMMARY ORDER
SHOULD BE LEFT IN EFFECT, MODIFIED OR VACATED, AND CONTINUE THE  HEARING
ON  ALL THE REMAINING CHARGES, IF ANY, IN ACCORDANCE WITH PARAGRAPH F OF
SUBDIVISION ONE OF THIS SECTION.  WITHIN TEN DAYS OF THE COMMISSIONER OR
HIS OR HER DESIGNEE'S RECOMMENDATION, THE SINGLE MEMBER OF THE BOARD  OF
REGENTS,  AS  APPOINTED BY THE CHANCELLOR OF THE BOARD OF REGENTS OR HIS
OR HER DESIGNEE, SHALL DETERMINE WHETHER OR NOT TO ADOPT THE RECOMMENDA-
TIONS OF THE COMMISSIONER OR HIS OR HER DESIGNEE, IN WHOLE OR  IN  PART,
AND SHALL LEAVE IN EFFECT, MODIFY OR VACATE THE SUMMARY ORDER. WHERE THE
ORDER  OF THE COMMISSIONER REMAINS IN EFFECT EITHER IN WHOLE OR IN PART,
A HEARING ON THE REMAINING CHARGES OF PROFESSIONAL MISCONDUCT  SHALL  BE
COMMENCED  PURSUANT  TO  THE  PROVISIONS OF THIS SECTION. THE DEPARTMENT
MUST MAKE A REASONABLE EFFORT TO  AVOID  ANY  DELAY  IN  COMPLETING  AND
DETERMINING  SUCH  PROCEEDINGS.    IF,  AT THE CONCLUSION OF THE INITIAL
HEARING, (A) THE SINGLE BOARD MEMBER OF THE BOARD OF REGENTS  DETERMINES
THAT  THE  BASIS  OF THE CHARGES CONSTITUTED IMMINENT DANGER OR HARM AND
THAT THE SUMMARY ORDER SHALL CONTINUE, AND (B) THE NINETY  DAY  TERM  OF
THE  ORDER HAS NOT EXPIRED, THE SUMMARY ORDER SHALL REMAIN IN FULL FORCE
AND EFFECT UNTIL A FINAL DECISION HAS BEEN  RENDERED  BY  THE  BOARD  OF
REGENTS  PURSUANT TO THE APPLICABLE PROVISIONS OF THIS SECTION. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  A  SUMMARY  ORDER
SHALL BE PUBLIC UPON ISSUANCE.
  B.  WHEN  A  LICENSEE HAS PLEADED OR BEEN FOUND GUILTY OR CONVICTED OF
COMMITTING AN ACT CONSTITUTING A FELONY UNDER  NEW  YORK  STATE  LAW  OR
FEDERAL  LAW,  OR  THE  LAW  OF ANOTHER JURISDICTION WHICH, IF COMMITTED
WITHIN THIS STATE, WOULD HAVE CONSTITUTED A FELONY UNDER NEW YORK  STATE
LAW,  OR  WHEN  THE  DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF
ANOTHER JURISDICTION HAS MADE A FINDING SUBSTANTIALLY  EQUIVALENT  TO  A
FINDING  THAT  THE  PRACTICE  OF  THE PROFESSION BY THE LICENSEE IN THAT
JURISDICTION CONSTITUTES AN IMMINENT DANGER TO THE HEALTH OF ITS PEOPLE,
OR WHEN A LICENSEE HAS BEEN DISCIPLINED BY  A  DULY  AUTHORIZED  PROFES-
SIONAL  DISCIPLINARY  AGENCY  OF  ANOTHER JURISDICTION FOR ACTS WHICH IF
COMMITTED IN THIS STATE WOULD HAVE CONSTITUTED  THE  BASIS  FOR  SUMMARY
ACTION  BY THE DEPARTMENT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, A
SINGLE BOARD MEMBER OF THE BOARD OF REGENTS, APPOINTED BY THE CHANCELLOR

S. 7791                             6

OF THE BOARD OF REGENTS OR HIS OR HER DESIGNEE, AFTER  A  RECOMMENDATION
BY  THE  COMMISSIONER OR HIS OR HER DESIGNEE, MAY ORDER THE LICENSEE, BY
WRITTEN NOTICE, TO DISCONTINUE OR REFRAIN FROM PRACTICING THE PROFESSION
IN  WHOLE  OR  IN  PART  OR TO TAKE CERTAIN IMMEDIATE ACTIONS AUTHORIZED
PURSUANT TO THIS TITLE. THE ORDER OF THE SINGLE MEMBER OF THE  BOARD  OF
REGENTS  SHALL CONSTITUTE SUMMARY ACTION AGAINST THE LICENSEE AND BECOME
PUBLIC UPON ISSUANCE.   THE SUMMARY SUSPENSION SHALL  REMAIN  IN  EFFECT
UNTIL  THE  FINAL  DETERMINATION  OF THE REGENTS REVIEW COMMITTEE, WHICH
SHALL COMMENCE WITHIN NINETY DAYS OF THE DATE OF SERVICE OF THE  DEPART-
MENT'S  ORDER  AND  OTHERWISE  BE HELD IN ACCORDANCE WITH PARAGRAPH A OF
THIS SUBDIVISION.
  S 3. Subdivision 8 of section 6506 of the education law, as amended by
chapter 866 of the laws of 1980, is amended to read as follows:
  (8) Designate a professional conduct officer, who shall be  the  chief
administrative  officer  of the office of the professions, or his desig-
nee,  in  connection  with   professional   licensing   and   misconduct
proceedings  and criminal matters, such officer to be empowered to issue
subpoenas and administer oaths  in  connection  with  such  proceedings.
NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, SAID PROFESSIONAL
CONDUCT OFFICER, OR HIS OR HER REPRESENTATIVES, MAY EXAMINE  AND  OBTAIN
RECORDS OF PATIENTS OR CLIENTS IN ANY INVESTIGATION OR PROCEEDING BY THE
DEPARTMENT  ACTING WITHIN THE SCOPE OF ITS AUTHORIZATION. UNLESS EXPRESS
CONSENT IS OBTAINED FROM THE  PATIENT  OR  CLIENT,  ANY  INFORMATION  SO
OBTAINED SHALL BE CONFIDENTIAL AND SHALL NOT BE FURTHER DISCLOSED EXCEPT
TO  THE  EXTENT NECESSARY FOR THE PROPER FUNCTION OF THE DEPARTMENT, AND
THE NAME OF THE PATIENT OR CLIENT MAY NOT BE DISCLOSED BY THE DEPARTMENT
OR ITS EMPLOYEES AT ANY STAGE OF THE PROCEEDINGS UNLESS THE  PATIENT  OR
CLIENT HAS EXPRESSLY CONSENTED. ANY OTHER USE OR DISSEMINATION OF INFOR-
MATION FROM SUCH RECORDS BY ANY PERSON BY ANY MEANS, UNLESS IT IS PURSU-
ANT  TO  A  VALID  COURT  ORDER OR OTHERWISE AUTHORIZED BY LAW, SHALL BE
PROHIBITED;
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that subdivision 3 of section 6501
of the education law as added by section one  of  this  act  shall  only
apply  to  applicants  seeking  licensure  on  or after July 1, 2017 and
provided further, that effective immediately,  the  addition,  amendment
and/or  repeal  of any rule or regulation by the department of education
necessary for the implementation of this act on its effective  date  are
authorized to be made and completed on or before such date.

Co-Sponsors

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

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

convicted of a crime.

Section 2. Establishes a summary suspension preceding that allows SED
to temporarily suspend a professional license if such individual is
causing or engaging in conduct that poses an imminent danger to the
health and/or safety of the people while an investigation and hearing
process takes place.

Section 3. Allows a SED professional conduct officer to examine and
obtain records of patients in any investigation or proceeding by SED
acting within the scope of its authorization. Any patient information
obtained would remain confidential unless express consent is obtained
from the patient.

Section 4. Sets for the effective date.

 JUSTIFICATION :

SED licenses and regulates 53 licensed professions in New York State.
Currently, SED relies on licensed individuals to self report any
criminal convictions or professional misconduct findings during each
triennial re-registration period. In addition, SED has no authority to
temporarily suspend an individual's professional license, even if the
individual's conduct poses an imminent danger to the health and/or
safety of the public.

It is critically important for the health and safety of all New
Yorkers that, in the event that wrong doing or harm occurs, SED have
the proper procedures in place to respond to these incidents. This
legislation will help enhance and strengthen SED's disciplinary
processes to ensure that harm to the public is minimized while
licensed individuals receive a fair hearing process.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None
 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall become law.

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.

                                                           LBD15421-02-6

S. 7791--A                          2

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
PROFESSIONAL  MISCONDUCT  PURSUANT  TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS ARTICLE.
  B. THE DEPARTMENT SHALL PROMULGATE A FORM TO BE PROVIDED TO ALL LICEN-
SEES BY WHICH THEY MUST REPORT CHARGES AS DEFINED IN PARAGRAPH A OF THIS
SUBDIVISION.
  C. ALL SUCH RECORDS PROCESSED AND SUBMITTED PURSUANT TO THIS  SUBDIVI-
SION  SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND STATE
LAWS, RULES AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR  IN  ANY  WAY
DISCLOSED  TO PERSONS OTHER THAN THE DEPARTMENT PERSONNEL, UNLESS OTHER-
WISE AUTHORIZED BY LAW. NO CAUSE OF ACTION AGAINST THE COMMISSIONER, THE
DEPARTMENT OR THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  FOR  DAMAGES
RELATED  TO  THE  DISSEMINATION  OF RECORDS PURSUANT TO THIS SUBDIVISION
SHALL EXIST WHEN THE COMMISSIONER, DEPARTMENT OR  DIVISION  OF  CRIMINAL
JUSTICE SERVICES HAVE REASONABLY AND IN GOOD FAITH RELIED UPON THE ACCU-
RACY  AND COMPLETENESS OF INFORMATION FURNISHED TO IT BY THE LICENSEE OR
QUALIFIED AGENCIES.
  D. UPON RECEIPT OF A REPORT FROM A  LICENSED  PROFESSIONAL  THAT  THEY
HAVE  BEEN  THE SUBJECT OF A CRIMINAL CONVICTION OR DISCIPLINARY ACTION,
THE DEPARTMENT MAY REFER THE REPORT TO THE PROFESSIONAL CONDUCT  OFFICER
FOR AN INVESTIGATION OF POTENTIAL DISCIPLINARY ACTION UNDER THE APPLICA-
BLE PROVISIONS OF THIS SECTION.
  E.  IN  THE  EVENT  THAT  A  LICENSED PROFESSIONAL IS CONVICTED OF ANY
CRIME, THE DISTRICT ATTORNEY SHALL PROVIDE NOTICE THEREOF TO THE COMMIS-
SIONER.  UPON RECEIVING NOTICE OF A CONVICTION FROM A DISTRICT  ATTORNEY
PURSUANT  TO  THIS  PARAGRAPH,  THE  COMMISSIONER  SHALL, WITHOUT DELAY,
PROCEED TO DETERMINE WHETHER THE INDIVIDUAL POSSESSES GOOD MORAL CHARAC-
TER, IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER. NOTHING  IN
THIS  ARTICLE  SHALL  BE  CONSTRUED AS CREATING ANY AUTHORITY TO TAKE AN
ADVERSE ACTION AGAINST A LICENSEE BY VIRTUE OF A REPORT PURSUANT TO THIS
PARAGRAPH WHICH HAS NOT BEEN SUBSTANTIATED.
  S 2. Section 6510 of the education law is  amended  by  adding  a  new
subdivision 10 to read as follows:
  10. SUMMARY ACTION.  A. WHENEVER THE COMMISSIONER OR HIS OR HER DESIG-
NEE, (I) AFTER BEING PRESENTED WITH INFORMATION INDICATING THAT A LICEN-
SEE  OR  A REGISTERED ENTITY IS CAUSING OR ENGAGING IN CONDUCT WHICH HAS
RESULTED IN PATIENT AND/OR CLIENT HARM  AND  IF  IN  THE  COMMISSIONER'S
OPINION  IT WOULD BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY
ACTION UNTIL AN OPPORTUNITY FOR A HEARING CAN BE PROVIDED IN  ACCORDANCE
WITH  THE  PREHEARING  AND  HEARING  PROVISIONS OF THIS SECTION; OR (II)
AFTER AN INVESTIGATION AND A RECOMMENDATION  BY  THE  COMMISSIONER  THAT
BASED  UPON  A  DETERMINATION  THAT A LICENSEE IS CAUSING OR ENGAGING IN
CONDUCT WHICH IN THE  COMMISSIONER'S  OPINION  CONSTITUTES  AN  IMMINENT
DANGER  TO THE HEALTH AND/OR SAFETY OF THE PEOPLE, AND THAT IT THEREFORE
APPEARS TO BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY ACTION
UNTIL AN OPPORTUNITY FOR A HEARING CAN BE PROVIDED  IN  ACCORDANCE  WITH
THE  PREHEARING AND HEARING PROVISIONS OF THIS SECTION; THE COMMISSIONER
MAY ORDER THE LICENSEE, BY WRITTEN NOTICE, TO DISCONTINUE SUCH DANGEROUS
CONDUCT, WHICH SHALL INCLUDE THE SUSPENSION OF ANY PRIVILEGES  TO  PRAC-
TICE  THE PROFESSION PURSUANT TO THIS TITLE IN THE STATE OF NEW YORK, OR
TAKE CERTAIN ACTION IMMEDIATELY AND FOR A PERIOD OF NINETY DAYS FROM THE
DATE OF SERVICE OF THE ORDER. WITHIN TEN DAYS FROM THE DATE  OF  SERVICE
OF  SUCH  ORDER,  THE  DEPARTMENT  SHALL REGULARLY SCHEDULE SUCH HEARING
PROCEEDINGS AS REQUIRED BY THIS SECTION,  PROVIDED,  HOWEVER,  THAT  THE

S. 7791--A                          3

HEARING  SHALL BE COMPLETED WITHIN NINETY DAYS OF THE DATE OF SERVICE OF
THE ORDER. TO THE EXTENT THAT THE ISSUE OF IMMINENT DANGER OR  HARM  CAN
BE  PROVEN  WITHOUT  THE ATTORNEY REPRESENTING THE DEPARTMENT PUTTING IN
ITS  ENTIRE  CASE,  THE  COMMISSIONER SHALL FIRST DETERMINE WHETHER BY A
PREPONDERANCE OF THE EVIDENCE THE LICENSEE IS CAUSING,  ENGAGING  IN  OR
MAINTAINING A CONDITION OR ACTIVITY WHICH CONSTITUTES AN IMMINENT DANGER
OR  HARM  TO  THE  HEALTH  OF  THE PEOPLE. THE ATTORNEY REPRESENTING THE
DEPARTMENT SHALL HAVE THE BURDEN OF  GOING  FORWARD  AND  PROVING  BY  A
PREPONDERANCE  OF  THE EVIDENCE THAT THE LICENSEE'S CONDUCT, ACTIVITY OR
PRACTICE RESULTED IN PATIENT OR CLIENT HARM, OR  SUCH  PRACTICE  CONSTI-
TUTES  AN IMMINENT DANGER TO THE HEALTH AND/OR SAFETY OF THE PEOPLE. THE
LICENSEE SHALL HAVE AN OPPORTUNITY TO BE HEARD  AND  TO  PRESENT  PROOF.
WHEN  BOTH  THE  DEPARTMENT  AND THE LICENSEE HAVE COMPLETED THEIR CASES
WITH RESPECT TO THE QUESTION OF HARM OR IMMINENT DANGER, THE COMMISSION-
ER OR HIS OR HER DESIGNEE SHALL PROMPTLY  MAKE  A  RECOMMENDATION  TO  A
SINGLE  MEMBER  OF  THE BOARD OF REGENTS, APPOINTED BY THE CHANCELLOR OF
THE BOARD OF REGENTS OR HIS OR HER DESIGNEE, ON THE  ISSUE  OF  HARM  OR
IMMINENT  DANGER  AND DETERMINE WHETHER THE SUMMARY ORDER SHOULD BE LEFT
IN EFFECT, MODIFIED OR VACATED, AND CONTINUE  THE  HEARING  ON  ALL  THE
REMAINING  CHARGES,  IF  ANY,  IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. WITHIN TEN DAYS OF THE COMMISSIONER OR HIS  OR  HER  DESIGNEE'S
RECOMMENDATION,  THE SINGLE MEMBER OF THE BOARD OF REGENTS, AS APPOINTED
BY THE CHANCELLOR OF THE BOARD OF REGENTS OR HIS OR HER DESIGNEE,  SHALL
DETERMINE WHETHER OR NOT TO ADOPT THE RECOMMENDATIONS OF THE COMMISSION-
ER  OR  HIS OR HER HER DESIGNEE, IN WHOLE OR IN PART, AND SHALL LEAVE IN
EFFECT, MODIFY OR VACATE THE SUMMARY  ORDER.  WHERE  THE  ORDER  OF  THE
COMMISSIONER  REMAINS IN EFFECT EITHER IN WHOLE OR IN PART, A HEARING ON
THE REMAINING CHARGES OF  PROFESSIONAL  MISCONDUCT  SHALL  BE  COMMENCED
PURSUANT  TO  THE PROVISIONS OF THIS SECTION. THE DEPARTMENT MUST MAKE A
REASONABLE EFFORT TO AVOID ANY DELAY IN COMPLETING AND DETERMINING  SUCH
PROCEEDINGS.  IF,  AT  THE  CONCLUSION  OF  THE INITIAL HEARING, (I) THE
SINGLE BOARD MEMBER OF THE BOARD OF REGENTS DETERMINES THAT THE BASIS OF
THE CHARGES CONSTITUTED IMMINENT DANGER OR HARM  AND  THAT  THE  SUMMARY
ORDER  SHALL CONTINUE, AND (II) THE NINETY DAY TERM OF THE ORDER HAS NOT
EXPIRED, THE SUMMARY ORDER SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL A
FINAL DECISION HAS BEEN RENDERED BY THE BOARD OF REGENTS PURSUANT TO THE
APPLICABLE  PROVISIONS  OF  THIS  SECTION.  NOTWITHSTANDING  ANY   OTHER
PROVISION  OF  LAW TO THE CONTRARY, A SUMMARY ORDER SHALL BE PUBLIC UPON
ISSUANCE.
  B. WHEN A LICENSEE HAS PLEADED OR BEEN FOUND GUILTY  OR  CONVICTED  OF
COMMITTING  AN  ACT  CONSTITUTING  A  FELONY UNDER NEW YORK STATE LAW OR
FEDERAL LAW, OR THE LAW OF  ANOTHER  JURISDICTION  WHICH,  IF  COMMITTED
WITHIN  THIS STATE, WOULD HAVE CONSTITUTED A FELONY UNDER NEW YORK STATE
LAW, OR WHEN THE DULY AUTHORIZED  PROFESSIONAL  DISCIPLINARY  AGENCY  OF
ANOTHER  JURISDICTION  HAS  MADE A FINDING SUBSTANTIALLY EQUIVALENT TO A
FINDING THAT THE PRACTICE OF THE PROFESSION  BY  THE  LICENSEE  IN  THAT
JURISDICTION CONSTITUTES AN IMMINENT DANGER TO THE HEALTH OF ITS PEOPLE,
OR  WHEN  A  LICENSEE  HAS BEEN DISCIPLINED BY A DULY AUTHORIZED PROFES-
SIONAL DISCIPLINARY AGENCY OF ANOTHER JURISDICTION  FOR  ACTS  WHICH  IF
COMMITTED  IN  THIS  STATE  WOULD HAVE CONSTITUTED THE BASIS FOR SUMMARY
ACTION BY THE DEPARTMENT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,  A
SINGLE BOARD MEMBER OF THE BOARD OF REGENTS, APPOINTED BY THE CHANCELLOR
OF  THE  BOARD OF REGENTS OR HIS OR HER DESIGNEE, AFTER A RECOMMENDATION
BY THE COMMISSIONER OR HIS OR HER DESIGNEE, MAY ORDER THE  LICENSEE,  BY
WRITTEN NOTICE, TO DISCONTINUE OR REFRAIN FROM PRACTICING THE PROFESSION
IN  WHOLE  OR  IN  PART  OR TO TAKE CERTAIN IMMEDIATE ACTIONS AUTHORIZED

S. 7791--A                          4

PURSUANT TO THIS TITLE.  THE ORDER OF THE SINGLE MEMBER OF THE BOARD  OF
REGENTS  SHALL CONSTITUTE SUMMARY ACTION AGAINST THE LICENSEE AND BECOME
PUBLIC UPON ISSUANCE. THE SUMMARY  SUSPENSION  SHALL  REMAIN  IN  EFFECT
UNTIL  THE  FINAL  DETERMINATION  OF THE REGENTS REVIEW COMMITTEE, WHICH
SHALL COMMENCE WITHIN NINETY DAYS OF THE DATE OF SERVICE OF THE  DEPART-
MENT'S  ORDER  AND  OTHERWISE  BE HELD IN ACCORDANCE WITH PARAGRAPH A OF
THIS SUBDIVISION.
  S 3. Subdivision 8 of section 6506 of the education law, as amended by
chapter 866 of the laws of 1980, is amended to read as follows:
  (8) Designate a professional conduct officer, who shall be  the  chief
administrative  officer  of the office of the professions, or his OR HER
designee, in  connection  with  professional  licensing  and  misconduct
proceedings  and criminal matters, such officer to be empowered to issue
subpoenas and administer oaths  in  connection  with  such  proceedings.
NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, SAID PROFESSIONAL
CONDUCT OFFICER, OR HIS OR HER REPRESENTATIVES, MAY EXAMINE  AND  OBTAIN
RECORDS OF PATIENTS OR CLIENTS IN ANY INVESTIGATION OR PROCEEDING BY THE
DEPARTMENT ACTING WITHIN THE SCOPE OF ITS AUTHORIZATION.  UNLESS EXPRESS
CONSENT  IS  OBTAINED  FROM  THE  PATIENT  OR CLIENT, ANY INFORMATION SO
OBTAINED SHALL BE CONFIDENTIAL AND SHALL NOT BE FURTHER DISCLOSED EXCEPT
TO THE EXTENT NECESSARY FOR THE PROPER FUNCTION OF THE  DEPARTMENT,  AND
THE NAME OF THE PATIENT OR CLIENT MAY NOT BE DISCLOSED BY THE DEPARTMENT
OR  ITS  EMPLOYEES AT ANY STAGE OF THE PROCEEDINGS UNLESS THE PATIENT OR
CLIENT HAS EXPRESSLY CONSENTED. ANY OTHER USE OR DISSEMINATION OF INFOR-
MATION FROM SUCH RECORDS BY ANY PERSON BY ANY MEANS, UNLESS IT IS PURSU-
ANT TO A VALID COURT ORDER OR OTHERWISE  AUTHORIZED  BY  LAW,  SHALL  BE
PROHIBITED;
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

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

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.

Section 2. Establishes a summary suspension preceding that allows SED
to temporarily suspend a professional license if such individual is
causing or engaging in conduct that poses an imminent danger to the
health and/or safety of the people while an investigation and hearing
process takes place.

Section 3. Allows a SED professional conduct officer to examine and
obtain records of patients in any investigation or proceeding by SED
acting within the scope of its authorization. Any patient information
obtained would remain confidential unless express consent is obtained
from the patient.

Section 4. Sets for the effective date.

 JUSTIFICATION :

SED licenses and regulates 53 licensed professions in New York State.
Currently, SED relies on licensed individuals to self report any
criminal convictions or professional misconduct findings during each
triennial re-registration period. In addition, SED has no authority to
temporarily suspend an individual's professional license, even if the
individual's conduct poses an imminent danger to the health and/or
safety of the public.

It is critically important for the health and safety of all New
Yorkers that, in the event that wrong doing or harm occurs, SED have
the proper procedures in place to respond to these incidents. This
legislation will help enhance and strengthen SED's disciplinary
processes to ensure that harm to the public is minimized while
licensed individuals receive a fair hearing process.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall become law.

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.

                                                           LBD15421-03-6

S. 7791--B                          2

WITHIN THIRTY DAYS ANY CHARGES OF PROFESSIONAL MISCONDUCT IN ANY  JURIS-
DICTION AND/OR ANY ADVERSE ACTIONS UNDERTAKEN BY A HOSPITAL, INSTITUTION
OR  EMPLOYER  AS A RESULT OF THE LICENSEE'S PROFESSIONAL DUTIES. FAILURE
OF  A  LICENSEE TO PROVIDE SUCH A REPORT TO THE DEPARTMENT WITHIN THIRTY
DAYS OF THE ACTION, SHALL BE GROUNDS FOR PROFESSIONAL MISCONDUCT  PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
  B. THE DEPARTMENT SHALL PROMULGATE A FORM TO BE PROVIDED TO ALL LICEN-
SEES BY WHICH THEY MUST REPORT CHARGES AS DEFINED IN PARAGRAPH A OF THIS
SUBDIVISION.
  C.  ALL SUCH RECORDS PROCESSED AND SUBMITTED PURSUANT TO THIS SUBDIVI-
SION SHALL BE CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND  STATE
LAWS,  RULES  AND  REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY
DISCLOSED TO PERSONS OTHER THAN THE DEPARTMENT PERSONNEL, UNLESS  OTHER-
WISE AUTHORIZED BY LAW. NO CAUSE OF ACTION AGAINST THE COMMISSIONER, THE
DEPARTMENT  OR  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES FOR DAMAGES
RELATED TO THE DISSEMINATION OF RECORDS  PURSUANT  TO  THIS  SUBDIVISION
SHALL  EXIST  WHEN  THE COMMISSIONER, DEPARTMENT OR DIVISION OF CRIMINAL
JUSTICE SERVICES HAVE REASONABLY AND IN GOOD FAITH RELIED UPON THE ACCU-
RACY AND COMPLETENESS OF INFORMATION FURNISHED TO IT BY THE LICENSEE  OR
QUALIFIED AGENCIES.
  D.  UPON  RECEIPT  OF A REPORT FROM A LICENSEE THAT THEY HAVE BEEN THE
SUBJECT OF A CRIMINAL CONVICTION OR DISCIPLINARY ACTION, THE  DEPARTMENT
MAY REFER THE REPORT TO THE PROFESSIONAL CONDUCT OFFICER FOR AN INVESTI-
GATION  OF POTENTIAL DISCIPLINARY ACTION UNDER THE APPLICABLE PROVISIONS
OF THIS SECTION.
  E. IN THE EVENT THAT  A  LICENSEE  IS  CONVICTED  OF  ANY  CRIME,  THE
DISTRICT  ATTORNEY  SHALL  PROVIDE  NOTICE  THEREOF TO THE COMMISSIONER.
UPON RECEIVING NOTICE OF A CONVICTION FROM A DISTRICT ATTORNEY  PURSUANT
TO  THIS  PARAGRAPH,  THE  COMMISSIONER SHALL, WITHOUT DELAY, PROCEED TO
DETERMINE WHETHER THE INDIVIDUAL  POSSESSES  GOOD  MORAL  CHARACTER,  IN
ACCORDANCE  WITH  THE  REGULATIONS  OF THE COMMISSIONER. NOTHING IN THIS
ARTICLE SHALL BE CONSTRUED AS CREATING ANY AUTHORITY TO TAKE AN  ADVERSE
ACTION  AGAINST  A LICENSEE BY VIRTUE OF A REPORT PURSUANT TO THIS PARA-
GRAPH WHICH HAS NOT BEEN SUBSTANTIATED.
  S 2. Section 6510 of the education law is  amended  by  adding  a  new
subdivision 10 to read as follows:
  10. SUMMARY ACTION.  A. WHENEVER THE COMMISSIONER OR HIS OR HER DESIG-
NEE, (I) AFTER BEING PRESENTED WITH INFORMATION INDICATING THAT A LICEN-
SEE  OR  A REGISTERED ENTITY IS CAUSING OR ENGAGING IN CONDUCT WHICH HAS
RESULTED IN PATIENT AND/OR CLIENT HARM  AND  IF  IN  THE  COMMISSIONER'S
OPINION  IT WOULD BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY
ACTION UNTIL AN OPPORTUNITY FOR A HEARING CAN BE PROVIDED IN  ACCORDANCE
WITH  THE  PREHEARING  AND  HEARING  PROVISIONS OF THIS SECTION; OR (II)
AFTER AN INVESTIGATION AND A RECOMMENDATION  BY  THE  COMMISSIONER  THAT
BASED  UPON  A  DETERMINATION  THAT A LICENSEE IS CAUSING OR ENGAGING IN
CONDUCT WHICH IN THE  COMMISSIONER'S  OPINION  CONSTITUTES  AN  IMMINENT
DANGER  TO THE HEALTH AND/OR SAFETY OF THE PEOPLE, AND THAT IT THEREFORE
APPEARS TO BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY ACTION
UNTIL AN OPPORTUNITY FOR A HEARING CAN BE PROVIDED  IN  ACCORDANCE  WITH
THE  PREHEARING AND HEARING PROVISIONS OF THIS SECTION; THE COMMISSIONER
MAY ORDER THE LICENSEE, BY WRITTEN NOTICE, TO DISCONTINUE SUCH DANGEROUS
CONDUCT, WHICH SHALL INCLUDE THE SUSPENSION OF ANY PRIVILEGES  TO  PRAC-
TICE  THE PROFESSION PURSUANT TO THIS TITLE IN THE STATE OF NEW YORK, OR
TAKE CERTAIN ACTION IMMEDIATELY AND FOR A PERIOD OF NINETY DAYS FROM THE
DATE OF SERVICE OF THE ORDER. WITHIN TEN DAYS FROM THE DATE  OF  SERVICE
OF  SUCH  ORDER,  THE  DEPARTMENT  SHALL REGULARLY SCHEDULE SUCH HEARING

S. 7791--B                          3

PROCEEDINGS AS REQUIRED BY THIS SECTION,  PROVIDED,  HOWEVER,  THAT  THE
HEARING  SHALL BE COMPLETED WITHIN NINETY DAYS OF THE DATE OF SERVICE OF
THE ORDER. TO THE EXTENT THAT THE ISSUE OF IMMINENT DANGER OR  HARM  CAN
BE  PROVEN  WITHOUT  THE ATTORNEY REPRESENTING THE DEPARTMENT PUTTING IN
ITS ENTIRE CASE, THE COMMISSIONER SHALL FIRST  DETERMINE  WHETHER  BY  A
PREPONDERANCE  OF  THE  EVIDENCE THE LICENSEE IS CAUSING, ENGAGING IN OR
MAINTAINING A CONDITION OR ACTIVITY WHICH CONSTITUTES AN IMMINENT DANGER
OR HARM TO THE HEALTH OF  THE  PEOPLE.  THE  ATTORNEY  REPRESENTING  THE
DEPARTMENT  SHALL  HAVE  THE  BURDEN  OF  GOING FORWARD AND PROVING BY A
PREPONDERANCE OF THE EVIDENCE THAT THE LICENSEE'S CONDUCT,  ACTIVITY  OR
PRACTICE  RESULTED  IN  PATIENT OR CLIENT HARM, OR SUCH PRACTICE CONSTI-
TUTES AN IMMINENT DANGER TO THE HEALTH AND/OR SAFETY OF THE PEOPLE.  THE
LICENSEE  SHALL  HAVE  AN  OPPORTUNITY TO BE HEARD AND TO PRESENT PROOF.
WHEN BOTH THE DEPARTMENT AND THE LICENSEE  HAVE  COMPLETED  THEIR  CASES
WITH RESPECT TO THE QUESTION OF HARM OR IMMINENT DANGER, THE COMMISSION-
ER  OR  HIS  OR  HER  DESIGNEE SHALL PROMPTLY MAKE A RECOMMENDATION TO A
SINGLE MEMBER OF THE BOARD OF REGENTS, APPOINTED BY  THE  CHANCELLOR  OF
THE  BOARD  OF  REGENTS  OR HIS OR HER DESIGNEE, ON THE ISSUE OF HARM OR
IMMINENT DANGER AND DETERMINE WHETHER THE SUMMARY ORDER SHOULD  BE  LEFT
IN  EFFECT,  MODIFIED  OR  VACATED,  AND CONTINUE THE HEARING ON ALL THE
REMAINING CHARGES, IF ANY, IN ACCORDANCE WITH  THE  PROVISIONS  OF  THIS
SECTION.  WITHIN  TEN  DAYS OF THE COMMISSIONER OR HIS OR HER DESIGNEE'S
RECOMMENDATION, THE SINGLE MEMBER OF THE BOARD OF REGENTS, AS  APPOINTED
BY  THE CHANCELLOR OF THE BOARD OF REGENTS OR HIS OR HER DESIGNEE, SHALL
DETERMINE WHETHER OR NOT TO ADOPT THE RECOMMENDATIONS OF THE COMMISSION-
ER OR HIS OR HER HER DESIGNEE, IN WHOLE OR IN PART, AND SHALL  LEAVE  IN
EFFECT,  MODIFY  OR  VACATE  THE  SUMMARY  ORDER. WHERE THE ORDER OF THE
COMMISSIONER REMAINS IN EFFECT EITHER IN WHOLE OR IN PART, A HEARING  ON
THE  REMAINING  CHARGES  OF  PROFESSIONAL  MISCONDUCT SHALL BE COMMENCED
PURSUANT TO THE PROVISIONS OF THIS SECTION. THE DEPARTMENT MUST  MAKE  A
REASONABLE  EFFORT TO AVOID ANY DELAY IN COMPLETING AND DETERMINING SUCH
PROCEEDINGS. IF, AT THE CONCLUSION  OF  THE  INITIAL  HEARING,  (I)  THE
SINGLE BOARD MEMBER OF THE BOARD OF REGENTS DETERMINES THAT THE BASIS OF
THE  CHARGES  CONSTITUTED  IMMINENT  DANGER OR HARM AND THAT THE SUMMARY
ORDER SHALL CONTINUE, AND (II) THE NINETY DAY TERM OF THE ORDER HAS  NOT
EXPIRED, THE SUMMARY ORDER SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL A
FINAL DECISION HAS BEEN RENDERED BY THE BOARD OF REGENTS PURSUANT TO THE
APPLICABLE   PROVISIONS  OF  THIS  SECTION.  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW TO THE CONTRARY, A SUMMARY ORDER SHALL BE  PUBLIC  UPON
ISSUANCE.
  B.  WHEN  A  LICENSEE HAS PLEADED OR BEEN FOUND GUILTY OR CONVICTED OF
COMMITTING AN ACT CONSTITUTING A FELONY UNDER  NEW  YORK  STATE  LAW  OR
FEDERAL  LAW,  OR  THE  LAW  OF ANOTHER JURISDICTION WHICH, IF COMMITTED
WITHIN THIS STATE, WOULD HAVE CONSTITUTED A FELONY UNDER NEW YORK  STATE
LAW,  OR  WHEN  THE  DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF
ANOTHER JURISDICTION HAS MADE A FINDING SUBSTANTIALLY  EQUIVALENT  TO  A
FINDING  THAT  THE  PRACTICE  OF  THE PROFESSION BY THE LICENSEE IN THAT
JURISDICTION CONSTITUTES AN IMMINENT DANGER TO THE HEALTH OF ITS PEOPLE,
OR WHEN A LICENSEE HAS BEEN DISCIPLINED BY  A  DULY  AUTHORIZED  PROFES-
SIONAL  DISCIPLINARY  AGENCY  OF  ANOTHER JURISDICTION FOR ACTS WHICH IF
COMMITTED IN THIS STATE WOULD HAVE CONSTITUTED  THE  BASIS  FOR  SUMMARY
ACTION  BY THE DEPARTMENT PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, A
SINGLE BOARD MEMBER OF THE BOARD OF REGENTS, APPOINTED BY THE CHANCELLOR
OF THE BOARD OF REGENTS OR HIS OR HER DESIGNEE, AFTER  A  RECOMMENDATION
BY  THE  COMMISSIONER OR HIS OR HER DESIGNEE, MAY ORDER THE LICENSEE, BY
WRITTEN NOTICE, TO DISCONTINUE OR REFRAIN FROM PRACTICING THE PROFESSION

S. 7791--B                          4

IN WHOLE OR IN PART OR TO  TAKE  CERTAIN  IMMEDIATE  ACTIONS  AUTHORIZED
PURSUANT  TO THIS TITLE.  THE ORDER OF THE SINGLE MEMBER OF THE BOARD OF
REGENTS SHALL CONSTITUTE SUMMARY ACTION AGAINST THE LICENSEE AND  BECOME
PUBLIC  UPON  ISSUANCE.  THE  SUMMARY  SUSPENSION SHALL REMAIN IN EFFECT
UNTIL THE FINAL DETERMINATION OF THE  REGENTS  REVIEW  COMMITTEE,  WHICH
SHALL  COMMENCE WITHIN NINETY DAYS OF THE DATE OF SERVICE OF THE DEPART-
MENT'S ORDER AND OTHERWISE BE HELD IN ACCORDANCE  WITH  PARAGRAPH  A  OF
THIS SUBDIVISION.
  C.  PROVIDED  HOWEVER,  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT
APPLY TO INDIVIDUALS LICENSED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-ONE,
ARTICLE  ONE  HUNDRED THIRTY-ONE-B, AND ARTICLE ONE HUNDRED THIRTY-ONE-C
OF THIS TITLE, WHO ARE REGULATED UNDER THE JURISDICTION OF THE OFFICE OF
PROFESSIONAL MEDICAL CONDUCT AS DEFINED IN SECTION TWO HUNDRED THIRTY OF
THE PUBLIC HEALTH LAW.
  S 3. Subdivision 8 of section 6506 of the education law, as amended by
chapter 866 of the laws of 1980, is amended to read as follows:
  (8) Designate a professional conduct officer, who shall be  the  chief
administrative  officer  of the office of the professions, or his OR HER
designee, in  connection  with  professional  licensing  and  misconduct
proceedings  and criminal matters, such officer to be empowered to issue
subpoenas and administer oaths  in  connection  with  such  proceedings.
NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, SAID PROFESSIONAL
CONDUCT OFFICER, OR HIS OR HER REPRESENTATIVES, MAY EXAMINE  AND  OBTAIN
RECORDS OF PATIENTS OR CLIENTS IN ANY INVESTIGATION OR PROCEEDING BY THE
DEPARTMENT ACTING WITHIN THE SCOPE OF ITS AUTHORIZATION.  UNLESS EXPRESS
CONSENT  IS  OBTAINED  FROM  THE  PATIENT  OR CLIENT, ANY INFORMATION SO
OBTAINED SHALL BE CONFIDENTIAL AND SHALL NOT BE FURTHER DISCLOSED EXCEPT
TO THE EXTENT NECESSARY FOR THE PROPER FUNCTION OF THE  DEPARTMENT,  AND
THE NAME OF THE PATIENT OR CLIENT MAY NOT BE DISCLOSED BY THE DEPARTMENT
OR  ITS  EMPLOYEES AT ANY STAGE OF THE PROCEEDINGS UNLESS THE PATIENT OR
CLIENT HAS EXPRESSLY CONSENTED. ANY OTHER USE OR DISSEMINATION OF INFOR-
MATION FROM SUCH RECORDS BY ANY PERSON BY ANY MEANS, UNLESS IT IS PURSU-
ANT TO A VALID COURT ORDER OR OTHERWISE  AUTHORIZED  BY  LAW,  SHALL  BE
PROHIBITED;
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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The New York State Senate

senate Bill S7791B

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Archive: Last Bill Status - Passed Senate

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Jun 16, 2016 - floor Vote

Floor Vote: Jun 16, 2016

Jun 16, 2016 - Rules committee Vote

Rules Committee Vote: Jun 16, 2016

Jun 1, 2016 - Higher Education committee Vote

Committee Vote: Jun 1, 2016

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senate Bill S7791B

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 16, 2016 - floor Vote

Floor Vote: Jun 16, 2016

Jun 16, 2016 - Rules committee Vote

Rules Committee Vote: Jun 16, 2016

Jun 1, 2016 - Higher Education committee Vote

Committee Vote: Jun 1, 2016

Bill Amendments

Co-Sponsors

Kemp Hannon

S7791 - Details

S7791 - Summary

S7791 - Sponsor Memo

S7791 - Bill Text download pdf

Co-Sponsors

Kemp Hannon

S7791A - Details

S7791A - Summary

S7791A - Sponsor Memo

S7791A - Bill Text download pdf

Co-Sponsors

Kemp Hannon

S7791B (ACTIVE) - Details

S7791B (ACTIVE) - Summary

S7791B (ACTIVE) - Sponsor Memo

S7791B (ACTIVE) - Bill Text download pdf

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