Bill Text: NY A10336 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to sexual offenses by health care or mental health care providers; requires the professional conduct officer designated to investigate a complaint of a licensee's professional misconduct to report certain sex offenses to the appropriate law enforcement official or authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-08-01 - signed chap.365 [A10336 Detail]

Download: New_York-2011-A10336-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10336--B
                                 I N  A S S E M B L Y
                                     May 22, 2012
                                      ___________
       Introduced by M. of A. PAULIN -- read once and referred to the Committee
         on  Codes -- reference changed to the Committee on Higher Education --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted  to  said  committee -- again reported from said committee
         with amendments, ordered reprinted as amended and recommitted to  said
         committee
       AN  ACT  to  amend  the  education law, in relation to the duties of the
         professional conduct officer, applicable state board for  the  profes-
         sion,  or  the  office  of professional discipline to report potential
         criminal conduct  to  the  appropriate  law  enforcement  official  or
         authority
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 6510 of the education law is amended by  adding  a
    2  new subdivision 5-a to read as follows:
    3    5-A.  AT  ANY  TIME, IF THE PROFESSIONAL CONDUCT OFFICER OR HIS OR HER
    4  DESIGNEE DESIGNATED TO INVESTIGATE A COMPLAINT OF  PROFESSIONAL  MISCON-
    5  DUCT  OF  A LICENSED HEALTH CARE PROVIDER OR LICENSED MENTAL HEALTH CARE
    6  PROVIDER DETERMINES THAT THERE IS A REASONABLE BELIEF THAT AN  ACT  THAT
    7  CONSTITUTES  A  SEX  OFFENSE  IDENTIFIED IN PARAGRAPH (H) OF SUBDIVISION
    8  THREE OF SECTION 130.05 OF THE PENAL  LAW  HAS  BEEN  COMMITTED  BY  THE
    9  LICENSEE AGAINST A CLIENT OR PATIENT DURING A TREATMENT SESSION, CONSUL-
   10  TATION,  INTERVIEW,  OR EXAMINATION, THE PROFESSIONAL CONDUCT OFFICER OR
   11  THE OFFICE OF PROFESSIONAL DISCIPLINE SHALL NOTIFY THE  APPROPRIATE  LAW
   12  ENFORCEMENT OFFICIAL OR AUTHORITY.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15950-05-2