senate Bill S6240A

2019-2020 Legislative Session

Relates to mandatory reporting of certain convictions, professional misconduct and/or employment termination

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2020 print number 6240a
Mar 06, 2020 amend (t) and recommit to higher education
Jan 08, 2020 referred to higher education
May 28, 2019 referred to higher education

Co-Sponsors

S6240 - Details

See Assembly Version of this Bill:
A1184
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§6501, 8004, 8355, 8705 & 6510, Ed L; amd §440.55, CP L
Versions Introduced in 2017-2018 Legislative Session:
S8909, A11057

S6240 - Summary

Requires mandatory reporting of certain convictions, professional misconduct and/or employment termination; defines terms; further requires all licensees to report to the education department any conviction of a crime in any jurisdiction within thirty days after the entry of a judgment of conviction; authorizes the commissioner or deputy commissioner for the professions to issue a summary suspension order under certain circumstances (view more) further authorizes the district attorney to give written notice to the department of education upon the conviction of a felony or misdemeanor of any person holding a license pursuant to title eight of the education law; makes related provisions.

S6240 - Sponsor Memo

S6240 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6240

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 28, 2019
                               ___________

Introduced  by Sen. STAVISKY -- 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 mandatory reporting of
  certain convictions, professional misconduct and/or adverse employment
  actions; and to amend the  criminal  procedure  law,  in  relation  to
  notice to the education department

  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
299 of the laws of 2016, is amended to read as follows:
  §  6501.  Admission to a profession (licensing). 1. Admission to prac-
tice of a profession in this state is accomplished by  a  license  being
issued to a qualified applicant by the [education] department. To quali-
fy  for a license an applicant shall meet the requirements prescribed in
the article for the particular profession and shall  meet  the  require-
ments prescribed in section 3-503 of the general obligations law.
  2.  MANDATORY REPORTING OF CONVICTIONS, PROFESSIONAL MISCONDUCT AND/OR
ADVERSE EMPLOYMENT ACTIONS.
  A. FOR PURPOSES OF THIS SUBDIVISION:
  (1) "ADVERSE EMPLOYMENT ACTION" MEANS  SUSPENSION  OR  TERMINATION  OF
PROFESSIONAL  TRAINING,  EMPLOYMENT, OR PRIVILEGES AND/OR A VOLUNTARY OR
INVOLUNTARY RESIGNATION TO  AVOID  SUCH  ACTIONS,  DUE  TO  PROFESSIONAL
MISCONDUCT,  UNPROFESSIONAL  CONDUCT,  INCOMPETENCY  UNDERTAKEN BY OR ON
BEHALF OF A HOSPITAL, INSTITUTION, OR EMPLOYER, FOR DETERMINED OR ADMIT-
TED MISCONDUCT DIRECTLY RELATED TO THE PROFESSIONAL DUTIES FOR WHICH THE
LICENSEE WAS LICENSED.
  (2) "CRIME" MEANS A MISDEMEANOR OR FELONY UNDER:
  (I) NEW YORK STATE LAW;
  (II) FEDERAL LAW; OR
  (III) THE LAW OF ANOTHER JURISDICTION AND WHICH, IF  COMMITTED  WITHIN
THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S6240A (ACTIVE) - Details

See Assembly Version of this Bill:
A1184
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§6501, 8004, 8355, 8705 & 6510, Ed L; amd §440.55, CP L
Versions Introduced in 2017-2018 Legislative Session:
S8909, A11057

S6240A (ACTIVE) - Summary

Requires mandatory reporting of certain convictions, professional misconduct and/or employment termination; defines terms; further requires all licensees to report to the education department any conviction of a crime in any jurisdiction within thirty days after the entry of a judgment of conviction; authorizes the commissioner or deputy commissioner for the professions to issue a summary suspension order under certain circumstances (view more) further authorizes the district attorney to give written notice to the department of education upon the conviction of a felony or misdemeanor of any person holding a license pursuant to title eight of the education law; makes related provisions.

S6240A (ACTIVE) - Sponsor Memo

S6240A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6240--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 28, 2019
                               ___________

Introduced by Sens. STAVISKY, KRUEGER -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Higher Education
  -- recommitted to the Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to mandatory reporting of
  certain  convictions, professional misconduct and/or employment termi-
  nation; and to amend the criminal procedure law, in relation to notice
  to the education department

  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
299 of the laws of 2016, is amended to read as follows:
  § 6501. Admission to a profession (licensing). 1. Admission  to  prac-
tice  of  a  profession in this state is accomplished by a license being
issued to a qualified applicant by the [education] department. To quali-
fy for a license an applicant shall meet the requirements prescribed  in
the  article  for  the particular profession and shall meet the require-
ments prescribed in section 3-503 of the general obligations law.
  2. MANDATORY REPORTING OF CONVICTIONS, PROFESSIONAL MISCONDUCT  AND/OR
EMPLOYMENT TERMINATION.
  A. FOR PURPOSES OF THIS SUBDIVISION:
  (1)  "EMPLOYMENT TERMINATION" MEANS TERMINATION OF EMPLOYMENT AND/OR A
VOLUNTARY OR INVOLUNTARY RESIGNATION TO AVOID SUCH TERMINATION,  DUE  TO
PROFESSIONAL MISCONDUCT, UNPROFESSIONAL CONDUCT, INCOMPETENCY UNDERTAKEN
BY  OR ON BEHALF OF A HOSPITAL, INSTITUTION, OR EMPLOYER, FOR DETERMINED
OR ADMITTED MISCONDUCT DIRECTLY RELATED TO THE PROFESSIONAL  DUTIES  FOR
WHICH THE LICENSEE WAS LICENSED.
  (2) "CRIME" MEANS A MISDEMEANOR OR FELONY UNDER:
  (I) NEW YORK STATE LAW;
  (II) FEDERAL LAW; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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