Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to higher education |
Feb 11, 2013 |
referred to higher education |
Senate Bill S3700
2013-2014 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Higher Education 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
Actions
2013-S3700 (ACTIVE) - Details
2013-S3700 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3700 TITLE OF BILL: An act to amend the education law, in relation to the statute of limitations for professional misconduct for mental health professionals PURPOSE: This legislation amends the education law to provide a statute of limitations of ten years for all complaints of professional miscon- duct against mental health professionals licensed under articles 153, 154 and 163 of the education law. In cases involving the treatment of children under the age of twenty-one years old, all complaints of professional misconduct shall be commenced within ten years after the complainant reaches the age of majority JUSTIFICATION: Mental health professionals licensed under Title VIII of the education law are required to keep all patient records for at least six years. For non-adult or minor patients, records must be kept until one year after the age of 21 years (NYCRR EDN § 29.2 (3)). A failure to comply with record keeping requirements constitutes unprofessional conduct by mental health professionals and can result in a formal professional misconduct charge. Currently, there is no statute of limitations for professional miscon- duct for these professionals. In light of this fact, mental health professionals must keep patient records in perpetuity to protect them- selves from any charges of professional misconduct from former patients
2013-S3700 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 3700 A. 4795 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y February 11, 2013 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion IN ASSEMBLY -- Introduced by M. of A. MORELLE -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to the statute of limita- tions for professional misconduct for mental health professionals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6509 of the education law is amended by adding a new subdivision 15 to read as follows: (15) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL COMPLAINTS OF PROFESSIONAL MISCONDUCT BROUGHT AGAINST A MENTAL HEALTH PROFESSIONAL LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR ONE HUNDRED SIXTY-THREE OF THIS TITLE SHALL BE COMMENCED WITHIN TEN YEARS OF THE DATE OF THE LAST TREATMENT OF THE COMPLAINANT. IN CASES INVOLVING THE TREATMENT OF CHILDREN UNDER THE AGE OF TWENTY-ONE YEARS, ALL COMPLAINTS OF PROFESSIONAL MISCONDUCT SHALL BE COMMENCED WITHIN TEN YEARS AFTER THE COMPLAINANT REACHES THE AGE OF TWENTY-ONE YEARS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06173-01-3
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