Bill Text: NY A10380 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to convictions of crimes or administrative violations in professional misconduct proceedings; provides that if misconduct is based upon the conviction of a crime committed in the course of the licensee's practice of medicine, charges shall be prepared and served and referred to a committee on professional conduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-25 - referred to health [A10380 Detail]

Download: New_York-2015-A10380-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10380
                   IN ASSEMBLY
                                      May 25, 2016
                                       ___________
        Introduced by M. of A. ARROYO -- read once and referred to the Committee
          on Health
        AN  ACT  to  amend  the public health law, in relation to convictions of
          crimes  or  administrative  violations  in   professional   misconduct
          proceedings
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (p) of subdivision  10  of  section  230  of  the
     2  public  health  law,  as  amended by chapter 599 of the laws of 1996, is
     3  amended to read as follows:
     4    (p) Convictions of crimes or administrative violations.  In  cases  of
     5  professional  misconduct  based  solely  upon a violation of subdivision
     6  nine of section sixty-five hundred thirty  of  the  education  law,  the
     7  director  may  direct  that charges be prepared and served and may refer
     8  the matter to a committee on professional conduct  for  its  review  and
     9  report  of  findings, conclusions as to guilt, and determination, except
    10  in cases in which the misconduct is based upon the conviction of a crime
    11  committed in the course of the  licensee's  practice  of  medicine,  the
    12  director shall direct the charges be prepared and served and referred to
    13  a  committee  on  professional conduct or its review and report of find-
    14  ings, conclusions as to guilt, and determination.  In  such  cases,  the
    15  notice  of  hearing  shall  state that the licensee shall file a written
    16  answer to each of the charges and allegations in the statement of charg-
    17  es no later than ten days prior to the hearing, and that any  charge  or
    18  allegation  not  so answered shall be deemed admitted, that the licensee
    19  may wish to seek the advice of counsel prior to filing such answer  that
    20  the  licensee  may  file  a  brief  and affidavits with the committee on
    21  professional conduct, that the licensee may appear personally before the
    22  committee on professional conduct, may be represented by counsel and may
    23  present evidence or sworn testimony in his or her behalf, and the notice
    24  may contain such other information as may be considered  appropriate  by
    25  the director. The department may also present evidence or sworn testimo-
    26  ny and file a brief at the hearing. A stenographic record of the hearing
    27  shall be made. Such evidence or sworn testimony offered to the committee
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15278-01-6
        A. 10380                            2
     1  on professional conduct shall be strictly limited to evidence and testi-
     2  mony  relating  to  the nature and severity of the penalty to be imposed
     3  upon the licensee. Where the charges are  based  on  the  conviction  of
     4  state  law crimes in other jurisdictions, evidence may be offered to the
     5  committee which would show that the conviction would not be a  crime  in
     6  New  York  state.    Where  the charges are based on the conviction of a
     7  felony as defined under the New York state penal law, or as  defined  by
     8  the  laws  of  another  jurisdiction  and which if committed within this
     9  state would have constituted a  felony,  and  said  crimes  having  been
    10  committed  in  the course of the licensee's practice of medicine, then a
    11  determination by the committee sustaining said charges shall result in a
    12  revocation of such license, unless the committee, having regard  to  the
    13  nature  and circumstances of the crime and history of the licensee is of
    14  the opinion that revocation would be manifestly  unjust,  whereupon  the
    15  committee  may  impose  such other penalties as set forth in section two
    16  hundred thirty-a of this title, and in such case  the  reasons  for  the
    17  committee's determination shall be set forth in its order. The committee
    18  on  professional  conduct  may  reasonably limit the number of witnesses
    19  whose testimony will be received and the length of time any witness will
    20  be permitted to testify. The determination of  the  committee  shall  be
    21  served  upon  the  licensee  and  the  department in accordance with the
    22  provisions of paragraph (h) of this subdivision. A determination  pursu-
    23  ant  to  this  subdivision  may be reviewed by the administrative review
    24  board for professional medical conduct.
    25    § 2. This act shall take effect immediately.