Assembly Bill A11057A

2017-2018 Legislative Session

Relates to mandatory reporting of certain convictions, professional misconduct and/or adverse employment actions

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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

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Bill Amendments

co-Sponsors

2017-A11057 - Details

See Senate Version of this Bill:
S8909
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §§6501, 6608-b, 8004, 8355, 8705 & 6510, Ed L; amd §440.55, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1184, S6240
2021-2022: A5495, S4780

2017-A11057 - Summary

Requires mandatory reporting of certain convictions, professional misconduct and/or adverse employment actions; defines terms; further requires all licensees to report to the education department any conviction of a crime in any jurisdiction within thirty days after the entry of a judgment of conviction; authorizes the commissioner or deputy commissioner for the professions to issue a summary suspension order under certain circumstances

2017-A11057 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11057
 
                           I N  A S S E M B L Y
 
                               June 1, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Glick) --
   read once and referred to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to mandatory reporting of
   certain convictions, professional misconduct and/or adverse employment
   actions; and to amend the  criminal  procedure  law,  in  relation  to
   notice to the education department

   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
 299 of the laws of 2016, is amended to read as follows:
   §  6501.  Admission to a profession (licensing). 1. Admission to prac-
 tice of a profession in this state is accomplished by  a  license  being
 issued to a qualified applicant by the [education] department. To quali-
 fy  for a license an applicant shall meet the requirements prescribed in
 the article for the particular profession and shall  meet  the  require-
 ments prescribed in section 3-503 of the general obligations law.
   2.  MANDATORY REPORTING OF CONVICTIONS, PROFESSIONAL MISCONDUCT AND/OR
 ADVERSE EMPLOYMENT ACTIONS.
   A. FOR PURPOSES OF THIS SUBDIVISION:
   (1) "ADVERSE EMPLOYMENT ACTION" MEANS  SUSPENSION  OR  TERMINATION  OF
 PROFESSIONAL  TRAINING,  EMPLOYMENT, OR PRIVILEGES AND/OR A VOLUNTARY OR
 INVOLUNTARY RESIGNATION TO  AVOID  SUCH  ACTIONS,  DUE  TO  PROFESSIONAL
 MISCONDUCT,  UNPROFESSIONAL  CONDUCT,  INCOMPETENCY  UNDERTAKEN BY OR ON
 BEHALF OF A HOSPITAL, INSTITUTION, OR EMPLOYER, FOR DETERMINED OR ADMIT-
 TED MISCONDUCT DIRECTLY RELATED TO THE PROFESSIONAL DUTIES FOR WHICH THE
 LICENSEE WAS LICENSED.
   (2) "CRIME" MEANS A MISDEMEANOR OR FELONY UNDER:
   (I) NEW YORK STATE LAW;
   (II) FEDERAL LAW; OR
   (III) THE LAW OF ANOTHER JURISDICTION AND WHICH, IF  COMMITTED  WITHIN
 THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW.
   (3)  "CRIMINAL  HISTORY  RECORD"  MEANS A RECORD OF ALL CONVICTIONS OF
 CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN  INDIVIDUAL  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-A11057A (ACTIVE) - Details

See Senate Version of this Bill:
S8909
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §§6501, 6608-b, 8004, 8355, 8705 & 6510, Ed L; amd §440.55, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1184, S6240
2021-2022: A5495, S4780

2017-A11057A (ACTIVE) - Summary

Requires mandatory reporting of certain convictions, professional misconduct and/or adverse employment actions; defines terms; further requires all licensees to report to the education department any conviction of a crime in any jurisdiction within thirty days after the entry of a judgment of conviction; authorizes the commissioner or deputy commissioner for the professions to issue a summary suspension order under certain circumstances

2017-A11057A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11057--A
 
                           I N  A S S E M B L Y
 
                               June 1, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick, Fahy)
   --  read  once  and  referred  to the Committee on Higher Education --
   reported  and  referred  to  the  Committee  on  Codes  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law, in relation to mandatory reporting of
   certain convictions, professional misconduct and/or adverse employment
   actions;  and  to  amend  the  criminal  procedure law, in relation to
   notice to the education department
 
   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
 299 of the laws of 2016, is amended to read as follows:
   § 6501. Admission to a profession (licensing). 1. Admission  to  prac-
 tice  of  a  profession in this state is accomplished by a license being
 issued to a qualified applicant by the [education] department. To quali-
 fy for a license an applicant shall meet the requirements prescribed  in
 the  article  for  the particular profession and shall meet the require-
 ments prescribed in section 3-503 of the general obligations law.
   2. MANDATORY REPORTING OF CONVICTIONS, PROFESSIONAL MISCONDUCT  AND/OR
 ADVERSE EMPLOYMENT ACTIONS.
   A. FOR PURPOSES OF THIS SUBDIVISION:
   (1)  "ADVERSE  EMPLOYMENT  ACTION"  MEANS SUSPENSION OR TERMINATION OF
 PROFESSIONAL TRAINING, EMPLOYMENT, OR PRIVILEGES AND/OR A  VOLUNTARY  OR
 INVOLUNTARY  RESIGNATION  TO  AVOID  SUCH  ACTIONS,  DUE TO PROFESSIONAL
 MISCONDUCT, UNPROFESSIONAL CONDUCT, INCOMPETENCY  UNDERTAKEN  BY  OR  ON
 BEHALF OF A HOSPITAL, INSTITUTION, OR EMPLOYER, FOR DETERMINED OR ADMIT-
 TED MISCONDUCT DIRECTLY RELATED TO THE PROFESSIONAL DUTIES FOR WHICH THE
 LICENSEE WAS LICENSED.
   (2) "CRIME" MEANS A MISDEMEANOR OR FELONY UNDER:
   (I) NEW YORK STATE LAW;
   (II) FEDERAL LAW; OR
   (III)  THE  LAW OF ANOTHER JURISDICTION AND WHICH, IF COMMITTED WITHIN
 THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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