S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6240
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 28, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 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
                       [ ] is old law to be omitted.
              

                                                            LBD05696-01-9

 S. 6240                             2
 
   (3)  "CRIMINAL  HISTORY  RECORD"  MEANS A RECORD OF ALL CONVICTIONS OF
 CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN  INDIVIDUAL  BY
 THE  DIVISION  OF  CRIMINAL  JUSTICE  AND THE FEDERAL BUREAU OF INVESTI-
 GATION.
   (4)  "ENTRY  OF  A  JUDGMENT  OF  CONVICTION"  MEANS THE DATE ON WHICH
 SENTENCE,  INCLUDING  BUT  NOT  LIMITED  TO  IMPRISONMENT,  A  TERM   OF
 PROBATION,  OR  A FINE, WAS IMPOSED OR, IF NO SUCH SENTENCE WAS IMPOSED,
 THE DATE THE JUDGMENT OF CONVICTION WAS ENTERED IN THE  COURT  IN  WHICH
 THE CASE WAS DETERMINED.
   (5)  "LICENSEE" SHALL MEAN A PERSON REGISTERED, CERTIFIED, OR LICENSED
 UNDER THIS TITLE.  HOWEVER, THIS DEFINITION SHALL NOT APPLY TO DISCIPLI-
 NARY PROCEEDINGS IN RELATION TO THE PROFESSION OF MEDICINE,  PHYSICIAN'S
 ASSISTANTS, AND SPECIALIST ASSISTANTS, WHO ARE UNDER THE JURISDICTION OF
 THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT PURSUANT TO THE PROVISIONS OF
 TITLE II-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW.
   B.  (1)  ALL LICENSEES UNDER THIS TITLE SHALL BE REQUIRED TO REPORT TO
 THE DEPARTMENT ANY CONVICTION OF A  CRIME  IN  ANY  JURISDICTION  WITHIN
 THIRTY DAYS AFTER THE ENTRY OF A JUDGMENT OF CONVICTION.
   (2)  ALL LICENSEES UNDER THIS TITLE SHALL BE REQUIRED TO REPORT TO THE
 DEPARTMENT ANY DETERMINATION OF PROFESSIONAL MISCONDUCT IN ANY JURISDIC-
 TION WITHIN THIRTY DAYS AFTER  NOTIFICATION  OF  SUCH  DETERMINATION  OF
 PROFESSIONAL MISCONDUCT WAS RECEIVED BY SUCH INDIVIDUAL.
   (3)  ALL LICENSEES UNDER THIS TITLE SHALL BE REQUIRED TO REPORT TO THE
 DEPARTMENT ANY ADVERSE EMPLOYMENT  ACTION  IN  ANY  JURISDICTION  WITHIN
 THIRTY DAYS AFTER NOTIFICATION OF THE IMPOSITION OF SUCH ADVERSE EMPLOY-
 MENT ACTION WAS RECEIVED BY SUCH INDIVIDUAL.
   (4)  THE DEPARTMENT SHALL PROVIDE LICENSEES WITH NOTICE OF THE REPORT-
 ING REQUIREMENTS AND PROCEDURES FOR REPORTING DESCRIBED IN THIS SUBDIVI-
 SION BY  PROMINENTLY  POSTING  SAID  REQUIREMENTS  ON  THE  DEPARTMENT'S
 WEBSITE  AND INCLUDING INFORMATION REGARDING SAID REQUIREMENTS CONSPICU-
 OUSLY ON THE  APPLICATION  FOR  LICENSURE  FORM  AND  EACH  REGISTRATION
 RENEWAL FORM.
   (5) WILLFUL FAILURE OF A LICENSEE TO SUBMIT A REPORT TO THE DEPARTMENT
 WITHIN SUCH THIRTY DAY PERIOD MAY BE GROUNDS FOR PROFESSIONAL MISCONDUCT
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED OF THIS ARTICLE.
   (6) THE REPORTING REQUIREMENTS OF THIS SUBDIVISION SHALL ONLY APPLY TO
 CONVICTIONS, PROFESSIONAL MISCONDUCT AND ADVERSE EMPLOYMENT ACTIONS THAT
 OCCUR ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (7)  A  LICENSEE  SHALL  SUBMIT A REPORT TO THE DEPARTMENT PURSUANT TO
 THIS SUBDIVISION ON A FORM PRESCRIBED BY  THE  COMMISSIONER.  SUCH  FORM
 SHALL BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   C. ALL REPORTS SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE CONSID-
 ERED  PART OF THE INVESTIGATORY FILE AND CONFIDENTIAL PURSUANT TO SUBDI-
 VISION EIGHT OF SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   D. UPON RECEIPT OF A REPORT FROM A LICENSEE THAT THE LICENSEE HAS BEEN
 CONVICTED OF A CRIME, OR IS THE SUBJECT OF A  DETERMINATION  OF  PROFES-
 SIONAL  MISCONDUCT  OR  AN ADVERSE EMPLOYMENT ACTION, THE DEPARTMENT MAY
 REFER THE REPORT TO THE PROFESSIONAL CONDUCT  OFFICER  FOR  AN  INVESTI-
 GATION  AND POTENTIAL DISCIPLINARY ACTION PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED TEN OF THIS ARTICLE.
   E. IN THE EVENT THAT A LICENSEE IS CONVICTED OF A CRIME, THE  DISTRICT
 ATTORNEY  SHALL  PROVIDE  NOTICE THEREOF TO THE COMMISSIONER PURSUANT TO
 SECTION 440.55 OF THE CRIMINAL PROCEDURE LAW. UPON RECEIPT OF  A  REPORT
 FROM  A DISTRICT ATTORNEY THAT A LICENSEE HAS BEEN CONVICTED OF A CRIME,
 THE DEPARTMENT MAY REFER THE REPORT TO THE PROFESSIONAL CONDUCT  OFFICER

 S. 6240                             3
 
 FOR  AN  INVESTIGATION  AND  POTENTIAL  DISCIPLINARY  ACTION PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   F.  UPON  NOTIFICATION  THAT  A LICENSEE HAS BEEN CONVICTED OF A CRIME
 UNDER THIS SECTION, THE DEPARTMENT MAY REQUEST A CRIMINAL HISTORY RECORD
 FROM THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  AND  THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES SHALL FORWARD SUCH CRIMINAL HISTORY RECORD TO
 THE DEPARTMENT IN A TIMELY  MANNER.  THE  CONSIDERATION  OF  A  CRIMINAL
 HISTORY  RECORD  BY  THE DEPARTMENT SHALL BE IN A MANNER CONSISTENT WITH
 ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
   3. a. Notwithstanding any provision of law to the contrary, any appli-
 cant 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 depart-
 ment 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  licensure in this
 state.
   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.
   § 2. Subdivisions 4 and 5 of section  6608-b  of  the  education  law,
 subdivision 4 as amended by chapter 300 of the laws of 2006 and subdivi-

 S. 6240                             4
 
 sion  5 as amended by chapter 565 of the laws of 1995, are amended and a
 new subdivision 6 is added to read as follows:
   (4) Education and experience: (A) have received a high school diploma,
 or  its  equivalent,  and (B) have successfully completed, in accordance
 with the commissioner's regulations, (i) an approved one-year course  of
 study in dental assisting in a degree-granting institution or a board of
 cooperative  educational  services  program  which includes at least two
 hundred hours of clinical experience, or an equivalent  approved  course
 of  study in dental assisting in a non-degree granting institution which
 shall not be a professional association or professional organization  or
 (ii)  an alternate course of study in dental assisting acceptable to the
 department which shall be provided by a degree-granting institution or a
 board of cooperative educational  services  program  which  includes  at
 least one thousand hours of relevant work experience; [and]
   (5)  Examination:  pass  an examination given by an organization which
 administers examinations for certifying dental assistants and  which  is
 acceptable to the department[.]; AND
   (6) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT.
   §  3.  Subdivision 5 of section 8004 of the education law, as added by
 chapter 635 of the laws of 1991, is amended and a new subdivision  6  is
 added to read as follows:
   5. Be at least eighteen years of age[.]; AND
   6. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   §  4.  Subdivisions  5  and 6 of section 8355 of the education law, as
 added by chapter 798 of the  laws  of  1992,  are  amended  to  read  as
 follows:
   5. Age: be at least twenty-one years of age; [and]
   6. CHARACTER:  BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   7. Fees:  pay  a fee for an initial certificate of one hundred dollars
 to the department; and a fee of fifty dollars for each triennial  regis-
 tration period.
   §  5. Subdivision 6 of section 8705 of the education law is renumbered
 subdivision 7 and a new subdivision 6 is added to read as follows:
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   §  6.  Section  6510  of  the education law is amended by adding a new
 subdivision 10 to read as follows:
   10. SUMMARY SUSPENSION AND EXPEDITED HEARING.
   A. FOR THE PURPOSES OF THIS SUBDIVISION ONLY:
   (1) "DATE OF SERVICE" MEANS THE DATE ON WHICH THE LICENSEE  OR  REGIS-
 TERED  ENTITY  RECEIVES  A DOCUMENT FROM THE DEPARTMENT BY REGISTERED OR
 CERTIFIED MAIL OR BY PERSONAL SERVICE.
   (2) "DEPARTMENT OFFICER" SHALL MEAN AN EMPLOYEE OF THE DEPARTMENT WITH
 SIGNIFICANT PROGRAMMATIC, POLICY AND SUPERVISORY RESPONSIBILITY, WHO  IS
 NOT  AN  ATTORNEY  WHO  PRESENTS  CASES  ON  BEHALF OF THE DEPARTMENT IN
 PROCEEDINGS UNDER THIS SUBDIVISION.
   B. NOTICE OF HEARING AND SUMMARY SUSPENSION ORDER.
   (1)  WHENEVER  THE  COMMISSIONER  OR  DEPUTY  COMMISSIONER   FOR   THE
 PROFESSIONS  DETERMINES  AFTER  AN INVESTIGATION AND A RECOMMENDATION BY
 THE PROFESSIONAL CONDUCT OFFICER  THAT  THE  PUBLIC  HEALTH,  SAFETY  OR
 WELFARE  IMPERATIVELY  REQUIRES  EMERGENCY ACTION AGAINST A PROFESSIONAL
 LICENSE, CERTIFICATE, REGISTRATION, PERMIT OR OTHER AUTHORIZATION OF THE
 LICENSEE OR REGISTERED ENTITY UNDER  THIS  TITLE,  THE  COMMISSIONER  OR
 DEPUTY  COMMISSIONER  FOR  THE  PROFESSIONS  MAY NOTIFY SUCH LICENSEE OR

 S. 6240                             5
 
 REGISTERED ENTITY THAT A HEARING WILL BE CONDUCTED  TO  DETERMINE  IF  A
 SUMMARY  SUSPENSION ORDER SHALL BE ISSUED, OR THE COMMISSIONER OR DEPUTY
 COMMISSIONER FOR THE PROFESSIONS MAY ISSUE A SUMMARY  SUSPENSION  ORDER,
 SUSPENDING  SUCH  LICENSEE OR REGISTERED ENTITY'S PRIVILEGES TO PRACTICE
 SUCH PROFESSION PURSUANT TO THIS TITLE IN THE STATE OF NEW  YORK,  IMME-
 DIATELY OR AS OF A SPECIFIED FUTURE DATE. EXCEPT AS PROVIDED IN SUBPARA-
 GRAPH TWO OF THIS PARAGRAPH, SUCH SUMMARY SUSPENSION ORDER MAY REMAIN IN
 EFFECT  UNTIL  A  FINAL  DETERMINATION  IS  MADE BY THE BOARD OF REGENTS
 PURSUANT TO THIS SUBDIVISION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO THE CONTRARY, THE DEPARTMENT SHALL MAKE SUCH SUMMARY SUSPENSION ORDER
 AVAILABLE TO THE LICENSEE OR REGISTERED ENTITY AND SHALL  INDICATE  SUCH
 SUMMARY  SUSPENSION  ON  THE DEPARTMENT'S WEBSITE ON THE VERIFICATION OF
 LICENSES PAGE.
   (2) THE COMMISSIONER OR DEPUTY COMMISSIONER FOR THE PROFESSIONS MAY AT
 ANY TIME, BEFORE A FINAL DETERMINATION IS MADE UNDER  THIS  SUBDIVISION,
 VACATE SUCH SUMMARY SUSPENSION ORDER PURSUANT TO THIS SUBDIVISION IF THE
 PUBLIC  HEALTH,  SAFETY OR WELFARE NO LONGER IMPERATIVELY REQUIRES EMER-
 GENCY ACTION AGAINST A PROFESSIONAL LICENSE, CERTIFICATE,  REGISTRATION,
 PERMIT  OR  OTHER  AUTHORIZATION OF THE LICENSEE OR REGISTERED ENTITY TO
 PRACTICE UNDER THIS TITLE.
   C. ORDER PROCEEDINGS.
   (1) PROCEEDINGS SHALL BE COMMENCED BY SERVICE OF THE  SUMMARY  SUSPEN-
 SION  ORDER,  IF ANY, A STATEMENT OF THE CHARGES INCLUDING THE FACTS AND
 CIRCUMSTANCES THAT ARE ALLEGED TO JUSTIFY THE HEARING OR SUMMARY SUSPEN-
 SION ORDER, AND A NOTICE OF HEARING, WHICH SHALL BE SERVED ON THE LICEN-
 SEE OR REGISTERED ENTITY PURSUANT TO PARAGRAPH F OF SUBDIVISION  ONE  OF
 THIS SECTION.
   (2)  (I)  THE  DEPARTMENT SHALL SCHEDULE A HEARING TO COMMENCE NO LESS
 THAN TEN NOR MORE THAN FORTY-FIVE DAYS AFTER THE DATE OF SERVICE OF  THE
 NOTICE OF HEARING AND SUMMARY SUSPENSION ORDER, IF ANY, AND STATEMENT OF
 CHARGES,  UNLESS  OTHERWISE REQUESTED OR CONSENTED TO BY THE LICENSEE OR
 REGISTERED ENTITY, BEFORE A PUBLIC HEALTH AND SAFETY  DISCIPLINE  REVIEW
 COMMITTEE.  SUCH  COMMITTEE  SHALL CONSIST OF AT LEAST THREE MEMBERS, AT
 LEAST ONE OF WHOM SHALL BE A REGENT, AT LEAST ONE OF  WHOM  SHALL  BE  A
 MEMBER OF THE APPLICABLE STATE BOARD REGULATING SUCH PROFESSION, AND THE
 REMAINING  MEMBER  MAY  BE  EITHER A REGENT OR A DEPARTMENT OFFICER. THE
 SUMMARY SUSPENSION ORDER, IF ANY, STATEMENT OF  CHARGES  AND  NOTICE  OF
 HEARING SHALL BE SENT TO THE LICENSEE OR REGISTERED ENTITY BY REGISTERED
 OR CERTIFIED MAIL OR BE PERSONALLY SERVED.
   (II) THE COMMISSIONER OR DEPUTY COMMISSIONER FOR THE PROFESSIONS SHALL
 DESIGNATE AN ADMINISTRATIVE OFFICER, ADMITTED TO PRACTICE AS AN ATTORNEY
 IN  THE  STATE  OF NEW YORK, WHO SHALL HAVE THE AUTHORITY TO RULE ON ALL
 MOTIONS, PROCEDURES AND OTHER LEGAL OBJECTIONS AND SHALL DRAFT A  REPORT
 AT  THE  DIRECTION  OF SUCH COMMITTEE MEMBERS, WHICH SHALL BE SUBJECT TO
 THE APPROVAL OF THE MEMBERS OF THE COMMITTEE. THE ADMINISTRATIVE OFFICER
 SHALL NOT BE ENTITLED TO  A  VOTE,  AND  SUCH  ADMINISTRATIVE  OFFICER'S
 REPORT SHALL REFLECT THE VIEWS OF THE COMMITTEE MEMBERS.
   (3)  THE NOTICE OF HEARING SHALL SPECIFY THAT THE PURPOSE OF THE HEAR-
 ING IS TO  DETERMINE  WHETHER  A  SUMMARY  SUSPENSION  ORDER  SHOULD  BE
 IMPOSED, CONTINUED, MODIFIED OR DISCONTINUED UNTIL THE COMPLETION OF THE
 FINAL DISCIPLINARY PROCEEDING UNDER SUBDIVISION THREE OF THIS SECTION OR
 WHETHER SUCH SUMMARY SUSPENSION ORDER PREVIOUSLY ISSUED SHOULD BE LIFTED
 IMMEDIATELY. THE NOTICE OF HEARING SHALL ALSO SET FORTH:
   (I)  THE  TIME  AND  PLACE  OF  THE  HEARING,  WHICH, UNLESS OTHERWISE
 REQUESTED OR CONSENTED TO BY THE LICENSEE OR REGISTERED ENTITY, SHALL BE
 HELD IN THE REGIONAL OFFICE OF THE DEPARTMENT IN  CLOSEST  PROXIMITY  TO

 S. 6240                             6
 
 THE  EVENTS  ALLEGED IN THE STATEMENT OF CHARGES PROVIDED, HOWEVER, THAT
 WHERE IT IS NOT POSSIBLE TO CONDUCT SUCH HEARING IN SUCH  OFFICE  WITHIN
 THE  TIMEFRAME REQUIRED BY THIS SUBDIVISION, THEN:  (A) SUCH HEARING MAY
 BE  CONDUCTED  IN A REGIONAL OFFICE IN CLOSE PROXIMITY TO SUCH EVENTS TO
 THE GREATEST EXTENT PRACTICABLE; OR (B)  ONE  OR  MORE  MEMBERS  OF  THE
 PUBLIC  HEALTH AND SAFETY REVIEW COMMITTEE PANEL WHO ARE UNABLE TO PHYS-
 ICALLY APPEAR AT THE LOCATION IN CLOSEST  PROXIMITY  IN  THE  TIMEFRAMES
 REQUIRED  MAY PARTICIPATE IN SUCH HEARING VIA VIDEOCONFERENCE TECHNOLOGY
 WITH THE CONSENT OF ALL PARTIES;
   (II) THAT THE  LICENSEE  OR  REGISTERED  ENTITY  MAY  FILE  A  WRITTEN
 RESPONSE  TO THE STATEMENT OF CHARGES AND ACCOMPANYING EVIDENCE PRIOR TO
 THE HEARING AND IN RESPONSE TO ANY RECOMMENDATION  MADE  BY  THE  PUBLIC
 HEALTH AND SAFETY DISCIPLINE REVIEW COMMITTEE;
   (III)  THAT THE LICENSEE OR REGISTERED ENTITY MAY APPEAR PERSONALLY AT
 THE HEARING AND MAY BE REPRESENTED BY COUNSEL;
   (IV) THAT THE LICENSEE OR REGISTERED ENTITY SHALL HAVE  THE  RIGHT  TO
 PRODUCE  WITNESSES  AND  EVIDENCE ON HIS OR HER BEHALF, TO CROSS-EXAMINE
 WITNESSES AND EXAMINE EVIDENCE PRODUCED AGAINST THE LICENSEE  OR  REGIS-
 TERED  ENTITY,  AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE PROVISIONS
 OF THE CIVIL PRACTICE LAW AND RULES;
   (V) THAT A STENOGRAPHIC RECORD OF THE HEARING WILL BE MADE AND BE MADE
 PROMPTLY AVAILABLE TO THE LICENSEE OR REGISTERED ENTITY WITHOUT  CHARGE;
 AND
   (VI)  SUCH  OTHER  INFORMATION AS MAY BE CONSIDERED APPROPRIATE BY THE
 DEPARTMENT.
   (4) THE EVIDENCE IN SUPPORT OF THE CHARGES SHALL BE  PRESENTED  BY  AN
 ATTORNEY  FOR  THE DEPARTMENT.   THE LICENSEE OR REGISTERED ENTITY SHALL
 HAVE THE RIGHTS REQUIRED TO BE STATED IN  THE  NOTICE  OF  HEARING.  THE
 PUBLIC  HEALTH  AND  SAFETY  REVIEW  COMMITTEE SHALL NOT BE BOUND BY THE
 RULES OF EVIDENCE.  THE HEARING SHALL BE COMPLETED WITHIN SIXTY DAYS  OF
 THE  DATE  OF  SERVICE  OF  THE NOTICE OF HEARING AND SUMMARY SUSPENSION
 ORDER, IF ANY.   THE COMMITTEE SHALL ESTABLISH  A  HEARING  SCHEDULE  TO
 ENSURE  THAT  THIS  EXPEDITED  HEARING  IS COMPLETED WITHIN THE REQUIRED
 TIMEFRAMES. THE PUBLIC HEALTH AND SAFETY COMMITTEE,  UPON  REQUEST,  MAY
 GRANT  A  LIMITED  AND  TIME SPECIFIC ADJOURNMENT TO THE DEPARTMENT THAT
 WOULD EXTEND THE HEARING BEYOND THE SIXTY DAYS IF THE  COMMITTEE  DETER-
 MINES  THAT  THE  DELAY  IS ATTRIBUTABLE TO A CIRCUMSTANCE OR OCCURRENCE
 SUBSTANTIALLY BEYOND THE CONTROL OF  THE  DEPARTMENT  AND  AN  INJUSTICE
 WOULD RESULT IF THE ADJOURNMENT WERE NOT GRANTED. THE LICENSEE OR REGIS-
 TERED  ENTITY MAY REQUEST AN ADJOURNMENT AT ANY TIME; SUCH REQUESTS THAT
 ARE REASONABLE SHALL BE GRANTED. A  HEARING  WHICH  HAS  BEEN  INITIATED
 SHALL NOT BE DISCONTINUED BECAUSE OF THE DEATH OR INCAPACITY TO SERVE OF
 ONE  MEMBER  OF  THE  COMMITTEE.  THE PUBLIC HEALTH AND SAFETY COMMITTEE
 SHALL REVIEW THE EVIDENCE AND THE HEARING RECORD AND DETERMINE,  WHETHER
 THE  DEPARTMENT HAS SHOWN, BY A PREPONDERANCE OF THE EVIDENCE, A SUMMARY
 SUSPENSION ORDER SHOULD BE IMPOSED, CONTINUED OR  MODIFIED  BECAUSE  THE
 PUBLIC  HEALTH, SAFETY OR WELFARE IMPERATIVELY REQUIRES EMERGENCY ACTION
 AGAINST THE PROFESSIONAL LICENSE, CERTIFICATE, REGISTRATION,  PERMIT  OR
 OTHER  AUTHORIZATION  OF  THE  LICENSEE OR REGISTERED ENTITY TO PRACTICE
 UNDER THIS TITLE.
   D. RESULTS OF HEARING. THE PUBLIC HEALTH AND  SAFETY  COMMITTEE  SHALL
 HAVE  FIFTEEN DAYS FROM THE COMPLETION OF THE HEARING TO ISSUE A WRITTEN
 RECOMMENDATION AS TO WHETHER A SUMMARY SUSPENSION ORDER CONCERNING  SUCH
 LICENSEE  OR  REGISTERED  ENTITY SHALL BE IMPOSED, CONTINUED OR MODIFIED
 UNTIL COMPLETION OF THE FINAL DISCIPLINARY PROCEEDING UNDER  SUBDIVISION
 THREE  OF  THIS  SECTION  OR  WHETHER  ANY SUCH SUMMARY SUSPENSION ORDER

 S. 6240                             7
 
 PREVIOUSLY IMPOSED SHALL BE LIFTED  IMMEDIATELY.  SUCH  COMMITTEE  SHALL
 PROMPTLY  FORWARD SUCH RECOMMENDATION TO THE BOARD OF REGENTS. A COPY OF
 SUCH RECOMMENDATION SHALL PROMPTLY  BE  FORWARDED  TO  THE  LICENSEE  OR
 REGISTERED  ENTITY,  AS THE CASE MAY BE, PROVIDING NOTICE OF THE DATE ON
 WHICH SUCH RECOMMENDATION WILL BE CONSIDERED BY THE BOARD OF REGENTS.
   E. AT ITS NEXT REGULARLY SCHEDULED MEETING, OR AT A  SPECIAL  MEETING,
 THE  BOARD  OF  REGENTS  SHALL CONSIDER THE RECOMMENDATION OF THE PUBLIC
 HEALTH AND SAFETY COMMITTEE AND THE RECORD BEFORE THE PUBLIC HEALTH  AND
 SAFETY  DISCIPLINE  COMMITTEE, AS WELL AS ANY RESPONSE FROM THE LICENSEE
 OR REGISTERED ENTITY, AND MAKE A FINAL DETERMINATION  AS  TO  WHETHER  A
 SUMMARY  SUSPENSION  ORDER SHALL BE IMPOSED, CONTINUED OR MODIFIED UNTIL
 COMPLETION OF A FINAL DISCIPLINARY PROCEEDING CAN BE  HELD  PURSUANT  TO
 SUBDIVISION  THREE  OF  THIS  SECTION  OR WHETHER ANY SUMMARY SUSPENSION
 ORDER PREVIOUSLY IMPOSED SHALL BE LIFTED IMMEDIATELY.
   § 7. Subdivision 5 of section 6510 of the education law, as amended by
 chapter 866 of the laws of 1980, is amended to read as follows:
   5. Court review procedures.  [The] A SUMMARY SUSPENSION  ORDER  ISSUED
 BY  THE COMMISSIONER OR DEPUTY COMMISSIONER FOR THE PROFESSIONS PURSUANT
 TO SUBDIVISION TEN OF THIS SECTION AND THE decisions  of  the  board  of
 regents may be reviewed pursuant to the proceedings under article seven-
 ty-eight  of the civil practice law and rules. Such proceedings shall be
 returnable before the appellate division of the third  judicial  depart-
 ment,  and  such  decisions  shall not be stayed or enjoined except upon
 application to such appellate division after notice  to  the  department
 and to the attorney general and upon a showing that the petitioner has a
 substantial likelihood of success.
   § 8. Section 440.55 of the criminal procedure law, as added by chapter
 134 of the laws of 1996, is amended to read as follows:
 §  440.55  Notice  to education department where a licensed professional
               has been convicted of a felony OR MISDEMEANOR.
   The district attorney shall give written notification to  the  depart-
 ment  of education upon the conviction of a felony OR MISDEMEANOR of any
 person holding a license pursuant to title eight of the  education  law.
 In  addition,  the  district attorney shall give written notification to
 the department upon the vacatur or reversal of any felony OR MISDEMEANOR
 conviction of any such person.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.