Assembly Bill A1560

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1560
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 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] SUCH LICENSEE'S behalf, and  the  notice  may  contain  such  other
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04160-01-5
              

 A. 1560                             2
 
 information  as  may  be  considered  appropriate  by  the director. The
 department may also present evidence or sworn testimony and file a brief
 at the hearing. A stenographic 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  jurisdictions,  evidence  may  be  offered to the committee which
 would show that the conviction would not be a crime in New  York  state.
 WHERE  THE CHARGES 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  PRACTICE  OF MEDICINE, THEN A DETERMINATION BY THE COMMITTEE
 SUSTAINING SAID CHARGE SHALL RESULT IN  THE  REVOCATION  OF  A  LICENSE,
 UNLESS  THE  COMMITTEE, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF
 THE CRIME AND HISTORY OF THE LICENSEE IS OF THE OPINION THAT  REVOCATION
 WOULD  BE  MANIFESTLY  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  testi-
 fy. 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 administrative 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.