Assembly Bill A4896

                            
 
                     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.
              

                                                            LBD05135-01-7

 A. 4896                             2
 
 considered  appropriate by the director. The department may also present
 evidence or sworn testimony and file a brief at the  hearing.  A  steno-
 graphic  record  of  the  hearing  shall be made. Such evidence or sworn
 testimony  offered  to  the  committee  on professional conduct shall be
 strictly limited to evidence and testimony relating to  the  nature  and
 severity  of  the  penalty  to  be  imposed upon the licensee. Where the
 charges are based on the conviction of state law crimes in other  juris-
 dictions, evidence may be offered to the committee which would show that
 the conviction would not be a crime in New York state.  WHERE THE CHARG-
 ES  ARE BASED ON THE CONVICTION OF A FELONY AS DEFINED IN THE PENAL LAW,
 OR AS DEFINED BY THE LAWS OF ANOTHER JURISDICTION AND WHICH IF COMMITTED
 WITHIN THIS STATE WOULD HAVE CONSTITUTED A FELONY  IN  THIS  STATE,  AND
 SAID  CRIMES HAVING BEEN COMMITTED IN THE COURSE OF THE LICENSEE'S PRAC-
 TICE OF MEDICINE, THEN A DETERMINATION BY THE COMMITTEE SUSTAINING  SAID
 CHARGE  SHALL  RESULT IN THE REVOCATION OF A LICENSE, UNLESS THE COMMIT-
 TEE, HAVING REGARD TO THE NATURE AND  CIRCUMSTANCES  OF  THE  CRIME  AND
 HISTORY OF THE LICENSEE IS OF THE OPINION THAT REVOCATION WOULD BE MANI-
 FESTLY  UNJUST,  WHEREUPON THE COMMITTEE MAY IMPOSE SUCH OTHER PENALTIES
 AS SET FORTH IN SECTION TWO HUNDRED THIRTY-A OF THIS TITLE, AND IN  SUCH
 CASE THE REASONS FOR THE COMMITTEE'S DETERMINATION SHALL BE SET FORTH IN
 ITS  ORDER.  The  committee on professional conduct may reasonably limit
 the number of witnesses whose testimony will be received and the  length
 of  time  any witness will be permitted to testify. The determination of
 the committee shall be served upon the licensee and  the  department  in
 accordance  with  the provisions of paragraph (h) of this subdivision. A
 determination pursuant to this subdivision may be reviewed by the admin-
 istrative review board for professional medical conduct.
   § 2. This act shall take effect immediately and shall apply to profes-
 sional misconduct proceedings occurring on and after such date.