Bill Text: NY A10486 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to professional misconduct of medical professionals involving felonies committed in the course of the licensee's medical practice; provides for license revocation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-31 - referred to health [A10486 Detail]

Download: New_York-2015-A10486-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10486
                   IN ASSEMBLY
                                      May 31, 2016
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Health
        AN ACT to amend the public  health  law,  in  relation  to  professional
          misconduct   based  upon  convictions  of  crimes  and  administrative
          violations
          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  that  in cases in which the misconduct is based upon the conviction of a
    11  crime committed in the course of the licensee's  practice  of  medicine,
    12  the  director  shall  direct  that  charges  be  prepared and served and
    13  referred to a committee on  professional  conduct  for  its  review  and
    14  report of findings, conclusions as to guilt, and determination.  In such
    15  cases,  the notice of hearing shall state that the licensee shall file a
    16  written answer to each of the charges and allegations in  the  statement
    17  of  charges  no  later  than ten days prior to the hearing, and that any
    18  charge or allegation not so answered shall be deemed admitted, that  the
    19  licensee  may  wish  to  seek the advice of counsel prior to filing such
    20  answer that the licensee may  file  a  brief  and  affidavits  with  the
    21  committee   on  professional  conduct,  that  the  licensee  may  appear
    22  personally before the committee on professional conduct, may be  repres-
    23  ented  by  counsel and may present evidence or sworn testimony in his or
    24  her behalf, and the notice may contain such other information as may  be
    25  considered  appropriate by the director. The department may also present
    26  evidence or sworn testimony and file a brief at the  hearing.  A  steno-
    27  graphic  record  of  the  hearing  shall be made. Such evidence or sworn
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15296-01-6
        A. 10486                            2
     1  testimony offered to the committee  on  professional  conduct  shall  be
     2  strictly  limited  to  evidence and testimony relating to the nature and
     3  severity of the penalty to be  imposed  upon  the  licensee.  Where  the
     4  charges  are based on the conviction of state law crimes in other juris-
     5  dictions, evidence may be offered to the committee which would show that
     6  the conviction would not be a crime in New York state.  Where the charg-
     7  es are based on the conviction of a felony as defined in the penal  law,
     8  or as defined by the laws of another jurisdiction and which if committed
     9  within  this  state  would  have constituted a felony in this state, and
    10  said crimes having been committed in the course of the licensee's  prac-
    11  tice  of medicine, then a determination by the committee sustaining said
    12  charge shall result in the revocation of a license, unless  the  commit-
    13  tee,  having  regard  to  the  nature and circumstances of the crime and
    14  history of the licensee is of the opinion that revocation would be mani-
    15  festly unjust, whereupon the committee may impose such  other  penalties
    16  as  set forth in section two hundred thirty-a of this title, and in such
    17  case the reasons for the committee's determination shall be set forth in
    18  its order. The committee on professional conduct  may  reasonably  limit
    19  the  number of witnesses whose testimony will be received and the length
    20  of time any witness will be permitted to testify. The  determination  of
    21  the  committee  shall  be served upon the licensee and the department in
    22  accordance with the provisions of paragraph (h) of this  subdivision.  A
    23  determination pursuant to this subdivision may be reviewed by the admin-
    24  istrative review board for professional medical conduct.
    25    § 2. This act shall take effect immediately and shall apply to profes-
    26  sional misconduct proceedings occurring on and after such date.