§ 6507 — Administration by the education department

New York § 6507

• Jurisdiction: New York
• Law EDN: Education
• Title 8: The Professions
• Art. 130*: General Provisions

Text

§ 6507. Administration by the education department. 1. The\ncommissioner and the department shall administer the admission to and\nthe practice of the professions.\n 2. In administering, the commissioner may:\n a. Promulgate regulations, except that no regulations shall be\npromulgated concerning article 131-A of this chapter;\n b. Conduct investigations;\n c. Issue subpoenas;\n d. Grant immunity from prosecution in accordance with section 50.20 of\nthe criminal procedure law to anyone subpoenaed in any investigation or\nhearing conducted pursuant to this title; and\n e. Excuse, for cause acceptable to the commissioner, the failure to\nregister with the department. Such excuse shall validate and authorize\nsuch practitioner's right to practice pending registration.\n 3. The department assisted by the board for each profession, shall:\n a. Establish standards for preprofessional and professional education,\nexperience and licensing examinations as required to implement the\narticle for each profession. Notwithstanding any other provision of law,\nthe commissioner shall establish standards requiring that all persons\napplying, on or after January first, nineteen hundred ninety-one,\ninitially, or for the renewal of, a license, registration or limited\npermit to be a physician, chiropractor, dentist, registered nurse,\npodiatrist, optometrist, psychiatrist, psychologist, licensed master\nsocial worker, licensed clinical social worker, licensed creative arts\ntherapist, licensed marriage and family therapist, licensed mental\nhealth counselor, licensed psychoanalyst, dental hygienist, licensed\nbehavior analyst, certified behavior analyst assistant, or athletic\ntrainer shall, in addition to all the other licensure, certification or\npermit requirements, have completed two hours of coursework or training\nregarding the identification and reporting of child abuse and\nmaltreatment. The coursework or training shall be obtained from an\ninstitution or provider which has been approved by the department to\nprovide such coursework or training. The coursework or training shall\ninclude information regarding the physical and behavioral indicators of\nchild abuse and maltreatment and the statutory reporting requirements\nset out in sections four hundred thirteen through four hundred twenty of\nthe social services law, including but not limited to, when and how a\nreport must be made, what other actions the reporter is mandated or\nauthorized to take, the legal protections afforded reporters, and the\nconsequences for failing to report. Such coursework or training may also\ninclude information regarding the physical and behavioral indicators of\nthe abuse of individuals with developmental disabilities and voluntary\nreporting of abused or neglected adults to the office for people with\ndevelopmental disabilities or the local adult protective services unit.\nEach applicant shall provide the department with documentation showing\nthat he or she has completed the required training. The department shall\nprovide an exemption from the child abuse and maltreatment training\nrequirements to any applicant who requests such an exemption and who\nshows, to the department's satisfaction, that there would be no need\nbecause of the nature of his or her practice for him or her to complete\nsuch training;\n b. Review qualifications in connection with licensing requirements;\nand\n c. Provide for licensing examinations and reexaminations.\n 4. The department shall:\n a. Register or approve educational programs designed for the purpose\nof providing professional preparation which meet standards established\nby the department.\n b. Issue licenses, registrations, and limited permits to qualified\napplicants;\n c. (i) Issue a certificate of authority to a qualified professional\nservice corporation being organized under section fifteen hundred three\nof the business corporation law or to a university faculty practice\ncorporation being organized under section fourteen hundred twelve of the\nnot-for-profit corporation law on payment of a fee of ninety dollars,\n(ii) require such corporations to file a certified copy of each\ncertificate of incorporation and amendment thereto within thirty days\nafter the filing of such certificate or amendment on payment of a fee of\ntwenty dollars, (iii) require such corporations to file a triennial\nstatement required by section fifteen hundred fourteen of the business\ncorporation law on payment of a fee of one hundred five dollars.\n d. Revoke limited permits on the recommendation of the committee on\nprofessional conduct for the profession concerned, except for limited\npermits issued to physicians, physician's assistants and specialist's\nassistants which shall be subject to sections two hundred thirty, two\nhundred thirty-a, two hundred thirty-b and two hundred thirty-c of the\npublic health law;\n e. Maintain public records of licenses issued and retain in its files\nidentifying data concerning each person to whom a license has been\nissued;\n e-1. Compile and make available to the New York city department of\nbuildings in electronic form: (i) a list of all architects and\nprofessional engineers currently licensed by and registered with the\ndepartment; (ii) a list of all architects and professional engineers who\ncurrently hold limited permits issued by the department, together with\nthe conditions and limitations applicable to each such limited permit;\nand (iii) a list of all architects and professional engineers whose\nlicenses have been revoked or suspended by the board of regents of the\nstate of New York or who are currently on probation, together with the\ndate of revocation or the date and duration of suspension or probation,\nas applicable. The New York city department of buildings shall not\naccept plans or other documents submitted in connection with\napplications for work permits under articles ten through seventeen of\nsubchapter one of chapter one of title twenty-seven of the\nadministrative code of the city of New York by any person representing\nthat he or she is an architect or professional engineer without\nverifying, by means of such lists, that such person meets the\nqualifications established by law to practice as an architect or\nprofessional engineer in New York state.\n f. Collect the fees prescribed by this title or otherwise provided by\nlaw;\n g. Prepare an annual report for the legislature, the governor and\nother executive offices, the state boards for the professions,\nprofessional societies, consumer agencies and other interested persons.\nSuch report shall include but not be limited to a description and\nanalysis of the administrative procedures and operations of the\ndepartment based upon a statistical summary relating to (i) new\nlicensure, (ii) discipline, (iii) complaint, investigation, and hearing\nbacklog, (iv) budget, and (v) the state boards for the professions.\nInformation provided shall be enumerated by profession; and\n h. Establish an administrative unit which shall be responsible for the\ninvestigation, prosecution and determination of alleged violations of\nprofessional conduct.\n 5. Where an application is submitted for licensure or a limited permit\nin any profession regulated by this title and the commissioner\ndetermines that while engaged in practice in another jurisdiction: (i)\nthe applicant has been subject to disciplinary action by a duly\nauthorized professional disciplinary agency of such other jurisdiction,\nwhere the conduct upon which the disciplinary action was based would, if\ncommitted in New York state, constitute practicing the profession beyond\nits authorized scope, with gross incompetence, with gross negligence on\na particular occasion, or with negligence or incompetence on more than\none occasion under the laws of New York state, or (ii) the applicant has\nvoluntarily or otherwise surrendered his or her professional license in\nanother jurisdiction after a disciplinary action was instituted by a\nduly authorized professional disciplinary agency of such other\njurisdiction based on conduct that would, if committed in New York\nstate, constitute practicing the profession beyond its authorized scope,\nwith gross incompetence, with gross negligence on a particular occasion,\nor with negligence or incompetence on more than one occasion under the\nlaws of New York state, the department shall evaluate the conduct and\nthe commissioner may deny licensure or issuance of a limited permit to\nthe applicant based on such conduct.\n 6. The commissioner and the department shall perform any other\nfunctions necessary to implement this title.\n