Assembly Bill A4896

2017-2018 Legislative Session

Relates to professional misconduct of medical professionals

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A4896 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §230, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10486
2019-2020: A1049
2021-2022: A2027
2023-2024: A578

2017-A4896 (ACTIVE) - Summary

Relates to professional misconduct of medical professionals involving felonies committed in the course of the licensee's medical practice; provides for license revocation.

2017-A4896 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4896
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  professional
   misconduct   based  upon  convictions  of  crimes  and  administrative
   violations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (p)  of  subdivision  10 of section 230 of the
 public health law, as amended by chapter 599 of the  laws  of  1996,  is
 amended to read as follows:
   (p)  Convictions  of  crimes or administrative violations. In cases of
 professional misconduct based solely upon  a  violation  of  subdivision
 nine  of  section  sixty-five  hundred  thirty of the education law, the
 director may direct that charges be prepared and served  and  may  refer
 the  matter  to  a  committee on professional conduct for its review and
 report of findings, conclusions as to guilt, and  determination,  EXCEPT
 THAT  IN CASES IN WHICH THE MISCONDUCT IS BASED UPON THE CONVICTION OF A
 CRIME COMMITTED IN THE COURSE OF THE LICENSEE'S  PRACTICE  OF  MEDICINE,
 THE  DIRECTOR  SHALL  DIRECT  THAT  CHARGES  BE  PREPARED AND SERVED AND
 REFERRED TO A COMMITTEE ON  PROFESSIONAL  CONDUCT  FOR  ITS  REVIEW  AND
 REPORT OF FINDINGS, CONCLUSIONS AS TO GUILT, AND DETERMINATION.  In such
 cases,  the notice of hearing shall state that the licensee shall file a
 written answer to each of the charges and allegations in  the  statement
 of  charges  no  later  than ten days prior to the hearing, and that any
 charge or allegation not so answered shall be deemed admitted, that  the
 licensee  may  wish  to  seek the advice of counsel prior to filing such
 answer that the licensee may  file  a  brief  and  affidavits  with  the
 committee   on  professional  conduct,  that  the  licensee  may  appear
 personally before the committee on professional conduct, may be  repres-
 ented  by  counsel and may present evidence or sworn testimony in his or
 her behalf, and the notice may contain such other information as may  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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