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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10336
                                 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
       AN  ACT  to  amend  the penal law, in relation to the sexual offenses by
         health care or mental health care providers; and to amend  the  educa-
         tion  law, in relation to the duties of the professional conduct offi-
         cer, applicable state board for  the  profession,  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.  Paragraph  (h)  of subdivision 3 of section 130.05 of the
    2  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
    3  read as follows:
    4    (h)  a  client  or  patient and the actor is a health care provider or
    5  mental health care provider charged with rape in  the  third  degree  as
    6  defined  in  section  130.25, criminal sexual act in the third degree as
    7  defined in section 130.40, aggravated sexual abuse in the fourth  degree
    8  as  defined  in section 130.65-a, or sexual abuse in the third degree as
    9  defined in section 130.55, and the act of sexual conduct occurs during a
   10  [treatment session,] consultation, interview, [or] examination OR COURSE
   11  OF TREATMENT.
   12    S 2. Section 6510 of the education law is  amended  by  adding  a  new
   13  subdivision 5-a to read as follows:
   14    5-A.  AT  ANY  TIME, IF THE PROFESSIONAL CONDUCT OFFICER OR APPLICABLE
   15  STATE BOARD FOR THE PROFESSION DESIGNATED TO INVESTIGATE A COMPLAINT  OF
   16  A  LICENSEE'S  PROFESSIONAL  MISCONDUCT  OR  THE  OFFICE OF PROFESSIONAL
   17  DISCIPLINE DETERMINES THAT THERE IS A REASONABLE BELIEF THAT AN  ACT  OR
   18  OMISSION  THAT  CONSTITUTES  A  CRIME  UNDER THE LAW OF THE STATE OF NEW
   19  YORK, ANY OTHER STATE, OR THE UNITED STATES HAS BEEN  COMMITTED  BY  THE
   20  LICENSEE  THE  PROFESSIONAL  CONDUCT OFFICER, APPLICABLE STATE BOARD FOR
   21  THE PROFESSION, OR THE OFFICE OF PROFESSIONAL  DISCIPLINE  SHALL  NOTIFY
   22  THE APPROPRIATE LAW ENFORCEMENT OFFICIAL OR AUTHORITY.
   23    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15950-02-2