S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1380
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 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 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:
   §  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
 WITHIN  THIRTY DAYS ANY CHARGES OF PROFESSIONAL MISCONDUCT IN ANY JURIS-
 DICTION AND/OR ANY ADVERSE ACTIONS UNDERTAKEN BY A HOSPITAL, INSTITUTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07456-01-7

 S. 1380                             2
 
 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.
   § 1-a. Section 6501 of the education law, as amended by chapter 299 of
 the laws of 2016, is amended to read as follows:
   § 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. LICENSING OF MILITARY SPOUSES. a. Notwithstanding any provision  of
 law  to  the  contrary,  any  applicant seeking to qualify for a license
 pursuant to this title who is the spouse of an active duty member of the
 armed forces of the United States, national guard or reserves as defined
 in 10 U.S.C. sections 1209 and 1211, and such spouse is  transferred  by
 the  military to this state shall be afforded an expedited review of his
 or her application for licensure. Such application shall be  on  a  form
 prescribed  by  the  department  and shall include an attestation by the
 applicant of the military status of his or her spouse and any other such
 supporting documentation that the department may require. Upon review of
 such application, the department shall issue a license to the  applicant
 if  the  applicant holds a license in good standing in another state and
 in the opinion of the department, the requirements for licensure of such
 other state are substantially equivalent to the requirements for  licen-
 sure in this state.

 S. 1380                             3
 
   b.  In addition to the expedited review granted in paragraph a of this
 subdivision, an applicant who provides satisfactory  documentation  that
 he  or  she  holds  a  license  in good standing from another state, may
 request the issuance of a temporary practice permit, which,  if  granted
 will  permit  the  applicant to work under the supervision of a New York
 state licensee in accordance with regulations of the  commissioner.  The
 department  may  grant  such  temporary  practice permit when it appears
 based on the application and supporting documentation received that  the
 applicant will meet the requirements for licensure in this state because
 he  or  she  holds  a  license  in good standing from another state with
 significantly comparable licensure requirements to those of this  state,
 except  the department has not been able to secure direct source verifi-
 cation of the  applicant's  underlying  credentials  (e.g.,  receipt  of
 original  transcript,  experience  verification).  Such  permit shall be
 valid for six months or until  ten  days  after  notification  that  the
 applicant  does not meet the qualifications for licensure. An additional
 six months may be granted upon a determination by  the  department  that
 the  applicant  is expected to qualify for the full license upon receipt
 of the remaining direct source verification documents requested  by  the
 department  in  such  time  period  and  that the delay in providing the
 necessary documentation  for  full  licensure  was  due  to  extenuating
 circumstances which the military spouse could not avoid.
   c. A temporary practice permit issued under paragraph b of this subdi-
 vision shall be subject to the full disciplinary and regulatory authori-
 ty  of  the board of regents and the department, pursuant to this title,
 as if such authorization were a professional license issued  under  this
 article.
   d.  The  department shall reduce the initial licensure application fee
 by one-half for any application submitted by  a  military  spouse  under
 this subdivision.
   3. 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.
   4. 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
 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

 S. 1380                             4
 
 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.
   §  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
 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

 S. 1380                             5
 
 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
 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. 1380                             6
 
   § 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;
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however,  that  section  one-a  of
 this  act  shall  take effect on the same date and in the same manner as
 chapter 299 of the laws of 2016 takes effect.