Require Reporting of Professional Misconduct

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 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. Mandatory reporting of convictions, professional misconduct and/or employment termination.

a. For purposes of this subdivision:

(1) "Employment termination" means termination of employment and/or a voluntary or involuntary resignation to avoid such termination, due to professional misconduct, unprofessional conduct, incompetency undertaken by or on behalf of a hospital, institution, or employer, for determined or admitted 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05696-05-0

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(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 the division of criminal justice and the federal bureau of investigation.

(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 disciplinary 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 jurisdiction 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 employment termination in any jurisdiction within thirty days after notification of such termination was received by such individual.

(4) The department shall provide licensees with notice of the reporting requirements and procedures for reporting described in this subdivision by prominently posting said requirements on the department's website and including information regarding said requirements conspicuously 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 subarticle.

(6) The reporting requirements of this subdivision shall only apply to convictions, professional misconduct and employment terminations 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 considered part of the investigatory file and confidential pursuant to subdivision 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 professional misconduct or employment termination, the department may refer the report to the professional conduct officer for an investigation 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,

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the department may refer the report to the professional conduct officer 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 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 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 verification 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 subdivision shall be subject to the full disciplinary and regulatory authority 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.

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§ 2. 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.

§ 3. 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 department; 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 registration period.

§ 4. 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 department; and

§ 5. 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 registered 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 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, immediately or as of a specified future date. Except as provided in subparagraph 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 emergency action against a professional license, certificate, registration,

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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 suspension order, if any, a statement of the charges including the facts and circumstances that are alleged to justify the hearing or summary suspension order, and a notice of hearing, which shall be served on the licensee 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.