S T A T E   O F   N E W   Y O R K
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                                  10532

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by M. of A. GLICK -- read once and referred 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:
  S  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 LICENSED PROFESSIONALS AS DEFINED BY THE COMMISSIONER IN  REGU-
LATION, SHALL BE REQUIRED TO REPORT TO THE DEPARTMENT WITHIN THIRTY DAYS
ANY RECORD OF A CONVICTION OF A CRIME AND/OR ANY PENDING CRIMINAL CHARG-
ES.  SUCH REPORTING REQUIREMENTS SHALL NOT APPLY FOR TRAFFIC VIOLATIONS,
ACQUITTALS  OR  DISMISSED  CHARGES.  LICENSEES  SHALL ALSO REPORT TO THE
DEPARTMENT WITHIN THIRTY DAYS ANY CHARGES OF PROFESSIONAL MISCONDUCT  IN
ANY  JURISDICTION  AND/OR  ANY ADVERSE ACTIONS UNDERTAKEN BY A HOSPITAL,
INSTITUTION OR EMPLOYER AS  A  RESULT  OF  THE  LICENSEE'S  PROFESSIONAL
DUTIES.  FAILURE  OF A LICENSED PROFESSIONAL TO PROVIDE SUCH A REPORT TO
THE DEPARTMENT WITHIN THIRTY DAYS OF THE ACTION, SHALL  BE  GROUNDS  FOR

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

                                                           LBD15647-01-6

A. 10532                            2

PROFESSIONAL  MISCONDUCT  PURSUANT  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 LICENSED PROFESSIONAL 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 INVESTIGATION OF POTENTIAL DISCIPLINARY ACTION UNDER THE APPLICA-
BLE PROVISIONS OF THIS SECTION.
  E. IN THE EVENT THAT A  LICENSED  PROFESSIONAL  IS  CONVICTED  OF  ANY
CRIME, THE DISTRICT ATTORNEY SHALL PROVIDE NOTICE THEREOF TO THE COMMIS-
SIONER.   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 CHARAC-
TER,  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
PARAGRAPH WHICH HAS NOT BEEN SUBSTANTIATED.
  S  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

A. 10532                            3

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
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

A. 10532                            4

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.
  S 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;
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.