S T A T E O F N E W Y O R K
________________________________________________________________________
7791
I N S E N A T E
May 12, 2016
___________
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 the requirement for
fingerprinting of licensed professionals under Title VIII of such law,
access to patient or client records in the investigation and prose-
cution of professional licensing and misconduct proceedings and summa-
ry suspension of professional 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. CRIMINAL HISTORY RECORDS SEARCH. A. SEARCH. UPON RECEIPT OF AN
APPLICATION FOR PROFESSIONAL LICENSURE UNDER THIS TITLE ON OR AFTER JULY
FIRST, TWO THOUSAND SEVENTEEN, AS PRESCRIBED IN REGULATIONS OF THE
COMMISSIONER, THE DEPARTMENT SHALL, SUBJECT TO THE RULES AND REGULATIONS
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, INITIATE A CRIMINAL HISTO-
RY RECORDS SEARCH OF THE PERSON MAKING APPLICATION. PRIOR TO INITIATING
THE FINGERPRINTING PROCESS, THE DEPARTMENT SHALL FURNISH THE APPLICANT
WITH THE FORM DESCRIBED IN PARAGRAPH B OF THIS SUBDIVISION AND SHALL
OBTAIN THE APPLICANT'S CONSENT TO THE CRIMINAL HISTORY RECORDS SEARCH AS
A CONDITION OF LICENSURE. THE DEPARTMENT SHALL THEN REQUIRE THE APPLI-
CANT TO BE FINGERPRINTED, IN A MANNER AND TIMEFRAME PRESCRIBED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15421-01-6
S. 7791 2
DEPARTMENT, AND THE APPLICANT SHALL PAY ANY REQUIRED FEES TO BE FINGER-
PRINTED, INCLUDING THE DIVISION OF CRIMINAL JUSTICE SERVICES PROCESSING
FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW AND ANY FEE IMPOSED BY THE FEDERAL
BUREAU OF INVESTIGATION. THE DEPARTMENT SHALL REQUIRE THE TRANSMISSION
OF SUCH FINGERPRINTS AND FEES TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES FOR ITS FULL SEARCH AND RETAIN PROCESSING IN A TIMEFRAME AND
MANNER PRESCRIBED BY THE DEPARTMENT. THE DIVISION OF CRIMINAL JUSTICE
SERVICES IS AUTHORIZED TO SUBMIT THE FINGERPRINTS AND THE APPROPRIATE
FEE TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL
HISTORY RECORD CHECK. THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
FEDERAL BUREAU OF INVESTIGATION SHALL FORWARD SUCH CRIMINAL HISTORY
RECORD TO THE DEPARTMENT IN A TIMELY MANNER. FOR THE PURPOSES OF THIS
SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL MEAN A RECORD OF ALL
CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN
INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL
BUREAU OF INVESTIGATION. THE DEPARTMENT MAY REQUIRE ADDITIONAL FINGER-
PRINT SUPPORTED CRIMINAL HISTORY RECORDS SEARCHES FOR ISSUANCE OF ADDI-
TIONAL LICENSES, PERMITS OR OTHER PROFESSIONAL PRACTICE CREDENTIALS
UNDER THIS TITLE, IN ADDITION ITS CONSIDERATION OF OTHER EVIDENCE OF
MORAL CHARACTER INCLUDING, BUT NOT LIMITED TO, INFORMATION RECEIVED FROM
THE APPLICANT AND SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS FROM THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
B. FORM. THE DEPARTMENT SHALL DEVELOP A FORM TO BE PROVIDED TO ALL
APPLICANTS THAT SHALL:
(I) INFORM THE APPLICANT THAT THE DEPARTMENT IS REQUIRED TO REQUEST
HIS OR HER CRIMINAL HISTORY INFORMATION FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION AND REVIEW SUCH
INFORMATION PURSUANT TO THIS SECTION, AND PROVIDE A DESCRIPTION OF THE
MANNER IN WHICH HIS OR HER FINGERPRINTS WILL BE USED UPON SUBMISSION TO
THE DIVISION OF CRIMINAL JUSTICE SERVICES;
(II) INFORM THE APPLICANT THAT HE OR SHE HAS THE RIGHT TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION
PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
C. CONSENT. THE DEPARTMENT SHALL OBTAIN THE SIGNED, INFORMED CONSENT
OF THE APPLICANT ON SUCH FORM SUPPLIED BY THE DEPARTMENT WHICH INDICATES
THAT SUCH PERSON HAS:
(I) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
(II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
(III) CONSENTED TO SUCH REQUEST FOR A REPORT;
(IV) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS FOR THE
APPLICANT;
(V) BEEN INFORMED THAT HE OR SHE MAY WITHDRAW HIS OR HER APPLICATION
FOR LICENSURE PURSUANT TO THIS SECTION, WITHOUT PREJUDICE, AT ANY TIME
BEFORE THE LICENSE IS ISSUED, REGARDLESS OF WHETHER THE DEPARTMENT HAS
REVIEWED SUCH APPLICANT'S CRIMINAL HISTORY INFORMATION;
(VI) BEEN INFORMED THAT IN THE EVENT HIS OR HER LICENSE IS DENIED, THE
DEPARTMENT SHALL NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES OF
SUCH DENIAL, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DESTROY
THE FINGERPRINTS OF SUCH PERSON. SUCH PERSON MAY REQUEST THAT THE
DEPARTMENT NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT HIS OR
HER FINGERPRINTS SHALL BE DESTROYED PRIOR TO THE DENIAL OF HIS OR HER
LICENSE IN WHICH CASE THE DEPARTMENT SHALL NOTIFY THE DIVISION OF CRIMI-
S. 7791 3
NAL JUSTICE SERVICES AND THE DIVISION SHALL DESTROY THE FINGERPRINTS OF
SUCH PERSON PROMPTLY UPON RECEIPT OF THE REQUEST; AND
(VII) BEEN INFORMED OF THE MANNER IN WHICH HE OR SHE MAY SUBMIT TO THE
DEPARTMENT ANY INFORMATION THAT MAY BE RELEVANT TO THE CONSIDERATION OF
HIS OR HER APPLICATION FOR LICENSURE INCLUDING, WHERE APPLICABLE, INFOR-
MATION IN REGARD TO HIS OR HER GOOD CONDUCT AND REHABILITATION.
D. FEES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
APPLICANTS FOR LICENSURE MAY BE CHARGED FEES IN AN AMOUNT EQUAL TO THE
FEES ESTABLISHED PURSUANT TO LAW BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION AND ANY OTHER ADMINIS-
TRATIVE FEES FOR THE SEARCHES MANDATED BY THIS SECTION.
E. QUESTION OF MORAL CHARACTER. WHEN THE DEPARTMENT DETERMINES THAT
THE APPLICANT MAY NOT HAVE THE REQUISITE MORAL CHARACTER FOR LICENSURE,
BASED UPON THE INFORMATION CONTAINED IN THE CRIMINAL HISTORY RECORD, THE
APPLICANT SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD AND OFFER
PROOF IN OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE WITH THE REGU-
LATIONS OF THE DEPARTMENT.
F. DUTIES OF THE DEPARTMENT; SUBMISSION OF FINGERPRINTS. (I) THE
DEPARTMENT SHALL REQUIRE APPLICANTS FOR LICENSURE TO SUBMIT FINGERPRINTS
FOR A CRIMINAL HISTORY RECORDS SEARCH, IN A MANNER PRESCRIBED BY THE
COMMISSIONER IN REGULATIONS. THE DIVISION OF CRIMINAL JUSTICE SERVICES
AND THE FEDERAL BUREAU OF INVESTIGATION SHALL FORWARD SUCH CRIMINAL
HISTORY RECORD TO THE DEPARTMENT IN A TIMELY MANNER. FOR THE PURPOSES OF
THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL MEAN A RECORD OF
ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON
AN INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
FEDERAL BUREAU OF INVESTIGATION.
(II) NO CAUSE OF ACTION AGAINST THE COMMISSIONER, THE DEPARTMENT OR
THE DIVISION OF CRIMINAL JUSTICE SERVICES, OR THEIR OFFICERS OR EMPLOY-
EES, FOR DAMAGES RELATED TO THE DISSEMINATION OF CRIMINAL HISTORY
RECORDS PURSUANT TO THIS SECTION SHALL EXIST WHEN THE COMMISSIONER,
DEPARTMENT OR DIVISION OF CRIMINAL JUSTICE SERVICES, OR THEIR OFFICERS
OR EMPLOYEES HAVE REASONABLY AND IN GOOD FAITH RELIED UPON THE ACCURACY
AND COMPLETENESS OF CRIMINAL HISTORY INFORMATION FURNISHED TO IT BY
QUALIFIED AGENCIES. THE PROVISION OF SUCH INFORMATION BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVI-
SION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW. THE
CONSIDERATION OF SUCH CRIMINAL HISTORY RECORD BY THE DEPARTMENT SHALL BE
SUBJECT TO ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
(III) AFTER RECEIPT OF A CRIMINAL HISTORY RECORD FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION THE
DEPARTMENT SHALL REVIEW THE CRIMINAL HISTORY RECORD TO DETERMINE IF A
REASONABLE QUESTION EXISTS AS TO THE APPLICANT'S MORAL CHARACTER AND,
UPON SUCH A DETERMINATION, CONDUCT A MORAL CHARACTER REVIEW PURSUANT TO
THE RULES OF THE BOARD OF REGENTS. WHEN THE DEPARTMENT MAKES A DETERMI-
NATION THAT THE APPLICANT LACKS THE REQUISITE MORAL CHARACTER FOR A
PROFESSIONAL LICENSE, SUCH APPLICANT SHALL BE AFFORDED NOTICE AND THE
RIGHT TO BE HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION IN
ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT.
(IV) THE DEPARTMENT AND THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL ENTER INTO AN AGREEMENT FOR THE PURPOSES OF IMPLEMENTING THE
PROVISIONS OF THIS SECTION.
4. MANDATORY REPORTING OF CONVICTIONS AND PENDING CRIMINAL CHARGES AND
ADVERSE EMPLOYMENT ACTIONS. A. ALL LICENSED PROFESSIONALS 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
S. 7791 4
AND/OR ANY PENDING CRIMINAL CHARGES. 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 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 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 LICENSE 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 TITLE EIGHT OF THIS CHAPTER IN THE STATE
S. 7791 5
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 THE SAID 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 CONSTITUTES 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 IMMI-
NENT DANGER, THE COMMISSIONER 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 PARAGRAPH F OF
SUBDIVISION ONE 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 RECOMMENDA-
TIONS OF THE COMMISSIONER OR HIS OR 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, (A) 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 (B) 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. NOTWITH-
STANDING 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
S. 7791 6
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.
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 desig-
nee, 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; provided, that subdivision 3 of section 6501
of the education law as added by section one of this act shall only
apply to applicants seeking licensure on or after July 1, 2017 and
provided further, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation by the department of education
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
