senate Bill S7791

2015-2016 Legislative Session

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

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Sponsored By

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

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

view votes

Jun 16, 2016 - Rules committee Vote

S7791B
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 1, 2016 - Higher Education committee Vote

S7791
13
0
committee
13
Aye
0
Nay
5
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Higher Education committee vote details

Higher Education Committee Vote: Jun 1, 2016

excused (1)

Co-Sponsors

S7791 (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

S7791 (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.

S7791 (ACTIVE) - Sponsor Memo

S7791 (ACTIVE) - 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

S7791A (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

S7791A (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.

S7791A (ACTIVE) - Sponsor Memo

S7791A (ACTIVE) - 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

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

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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