LBD07456-01-7
S. 1380 2
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LAWS, RULES AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY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.
§ 1-a. 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) 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. LICENSING OF MILITARY SPOUSES. a. Notwithstanding any provision of
law to the contrary, any applicant seeking to qualify for a license
pursuant to this title who is the spouse of an active duty member of the
armed forces of the United States, national guard or reserves as defined
in 10 U.S.C. sections 1209 and 1211, and such spouse is transferred by
the military to this state shall be afforded an expedited review of his
or her application for licensure. Such application shall be on a form
prescribed by the department and shall include an attestation by the
applicant of the military status of his or her spouse and any other such
supporting documentation that the department may require. Upon review of
such application, the department shall issue a license to the applicant
if the applicant holds a license in good standing in another state and
in the opinion of the department, the requirements for licensure of such
other state are substantially equivalent to the requirements for licen-
sure in this state.
S. 1380 3
b. In addition to the expedited review granted in paragraph a of this
subdivision, an applicant who provides satisfactory documentation that
he or she holds a license in good standing from another state, may
request the issuance of a temporary practice permit, which, if granted
will permit the applicant to work under the supervision of a New York
state licensee in accordance with regulations of the commissioner. The
department may grant such temporary practice permit when it appears
based on the application and supporting documentation received that the
applicant will meet the requirements for licensure in this state because
he or she holds a license in good standing from another state with
significantly comparable licensure requirements to those of this state,
except the department has not been able to secure direct source verifi-
cation of the applicant's underlying credentials (e.g., receipt of
original transcript, experience verification). Such permit shall be
valid for six months or until ten days after notification that the
applicant does not meet the qualifications for licensure. An additional
six months may be granted upon a determination by the department that
the applicant is expected to qualify for the full license upon receipt
of the remaining direct source verification documents requested by the
department in such time period and that the delay in providing the
necessary documentation for full licensure was due to extenuating
circumstances which the military spouse could not avoid.
c. A temporary practice permit issued under paragraph b of this subdi-
vision shall be subject to the full disciplinary and regulatory authori-
ty of the board of regents and the department, pursuant to this title,
as if such authorization were a professional license issued under this
article.
d. The department shall reduce the initial licensure application fee
by one-half for any application submitted by a military spouse under
this subdivision.
3. 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.
4. 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
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
S. 1380 4
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.
§ 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
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
S. 1380 5
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
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. 1380 6
§ 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;
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that section one-a of
this act shall take effect on the same date and in the same manner as
chapter 299 of the laws of 2016 takes effect.
