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

                                 7791--A

                            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
  -- reported favorably from said committee and committed to the Commit-
  tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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,

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

                                                           LBD15421-02-6

S. 7791--A                          2

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  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

S. 7791--A                          3

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  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

S. 7791--A                          4

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 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.

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

                                 7791--B

                            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
  -- reported favorably from said committee and committed to the Commit-
  tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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  LICENSEES 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 AND/OR  ANY  PENDING  CRIMINAL  CHARGES.    SUCH
REPORTING  REQUIREMENTS  SHALL NOT APPLY FOR TRAFFIC VIOLATIONS, ACQUIT-
TALS OR DISMISSED CHARGES. LICENSEES SHALL ALSO REPORT TO THE DEPARTMENT

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

                                                           LBD15421-03-6

S. 7791--B                          2

WITHIN THIRTY DAYS ANY CHARGES OF PROFESSIONAL MISCONDUCT IN ANY  JURIS-
DICTION AND/OR ANY ADVERSE ACTIONS UNDERTAKEN BY A HOSPITAL, INSTITUTION
OR  EMPLOYER  AS A RESULT OF THE LICENSEE'S PROFESSIONAL DUTIES. FAILURE
OF  A  LICENSEE 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 LICENSEE 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 INVESTI-
GATION  OF POTENTIAL DISCIPLINARY ACTION UNDER THE APPLICABLE PROVISIONS
OF THIS SECTION.
  E. IN THE EVENT THAT  A  LICENSEE  IS  CONVICTED  OF  ANY  CRIME,  THE
DISTRICT  ATTORNEY  SHALL  PROVIDE  NOTICE  THEREOF TO THE COMMISSIONER.
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  CHARACTER,  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 PARA-
GRAPH 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

S. 7791--B                          3

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 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

S. 7791--B                          4

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.
  C.  PROVIDED  HOWEVER,  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT
APPLY TO INDIVIDUALS LICENSED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-ONE,
ARTICLE  ONE  HUNDRED THIRTY-ONE-B, AND ARTICLE ONE HUNDRED THIRTY-ONE-C
OF THIS TITLE, WHO ARE REGULATED UNDER THE JURISDICTION OF THE OFFICE OF
PROFESSIONAL MEDICAL CONDUCT AS DEFINED IN SECTION TWO HUNDRED THIRTY OF
THE PUBLIC HEALTH LAW.
  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.