New York A 5495: Relates to mandatory reporting of certain convictions, professional misconduct and/or employment termination

Bill Text

STATE OF NEW YORK
________________________________________________________________________
5495
2021-2022 Regular Sessions
IN ASSEMBLY
February 19, 2021
___________
Introduced by M. of A. GLICK, FAHY, STIRPE, GRIFFIN, COLTON -- 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 employment termi-
nation; 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:
1 Section 1. Section 6501 of the education law, as amended by chapter
2 299 of the laws of 2016, is amended to read as follows:
3 § 6501. Admission to a profession (licensing). 1. Admission to prac-
4 tice of a profession in this state is accomplished by a license being
5 issued to a qualified applicant by the [ ] department. To quali-education
6 fy for a license an applicant shall meet the requirements prescribed in
7 the article for the particular profession and shall meet the require-
8 ments prescribed in section 3-503 of the general obligations law.
9 2. Mandatory reporting of convictions, professional misconduct and/or
10 employment termination.
11 a. For purposes of this subdivision:
12 (1) "Employment termination" means termination of employment and/or a
13 voluntary or involuntary resignation to avoid such termination, due to
14 professional misconduct, unprofessional conduct, incompetency undertaken
15 by or on behalf of a hospital, institution, or employer, for determined
16 or admitted misconduct directly related to the professional duties for
17 which the licensee was licensed.
18 (2) "Crime" means a misdemeanor or felony under:
19 (i) New York state law;
20 (ii) federal law; or
21 (iii) the law of another jurisdiction and which, if committed within
22 this state, would have constituted a crime under New York state law.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD07641-01-1

A. 5495 2
1 (3) "Criminal history record" means a record of all convictions of
2 crimes and any pending criminal charges maintained on an individual by
3 the division of criminal justice and the federal bureau of investi-
4 gation.
5 (4) "Entry of a judgment of conviction" means the date on which
6 sentence, including but not limited to imprisonment, a term of
7 probation, or a fine, was imposed or, if no such sentence was imposed,
8 the date the judgment of conviction was entered in the court in which
9 the case was determined.
10 (5) "Licensee" shall mean a person registered, certified, or licensed
11 under this title. However, this definition shall not apply to discipli-
12 nary proceedings in relation to the profession of medicine, physician's
13 assistants, and specialist assistants, who are under the jurisdiction of
14 the office of professional medical conduct pursuant to the provisions of
15 title II-A of article two of the public health law.
16 b. (1) All licensees under this title shall be required to report to
17 the department any conviction of a crime in any jurisdiction within
18 thirty days after the entry of a judgment of conviction.
19 (2) All licensees under this title shall be required to report to the
20 department any determination of professional misconduct in any jurisdic-
21 tion within thirty days after notification of such determination of
22 professional misconduct was received by such individual.
23 (3) All licensees under this title shall be required to report to the
24 department any employment termination in any jurisdiction within thirty
25 days after notification of such termination was received by such indi-
26 vidual.
27 (4) The department shall provide licensees with notice of the report-
28 ing requirements and procedures for reporting described in this subdivi-
29 sion by prominently posting said requirements on the department's
30 website and including information regarding said requirements conspicu-
31 ously on the application for licensure form and each registration
32 renewal form.
33 (5) Willful failure of a licensee to submit a report to the department
34 within such thirty day period may be grounds for professional misconduct
35 pursuant to section sixty-five hundred of this subarticle.
36 (6) The reporting requirements of this subdivision shall only apply to
37 convictions, professional misconduct and employment terminations that
38 occur on or after the effective date of this subdivision.
39 (7) A licensee shall submit a report to the department pursuant to
40 this subdivision on a form prescribed by the commissioner. Such form
41 shall be made publicly available on the department's website.
42 c. All reports submitted pursuant to this subdivision shall be consid-
43 ered part of the investigatory file and confidential pursuant to subdi-
44 vision eight of section sixty-five hundred ten of this article.