Section 6507. Administration by the education department  


Latest version.
  • 1.   The
      commissioner and the department shall administer the  admission  to  and
      the practice of the professions.
        2. In administering, the commissioner may:
        a.  Promulgate  regulations,  except  that  no  regulations  shall  be
      promulgated concerning article 131-A of this chapter;
        b. Conduct investigations;
        c. Issue subpoenas;
        d. Grant immunity from prosecution in accordance with section 50.20 of
      the criminal procedure law to anyone subpoenaed in any investigation  or
      hearing conducted pursuant to this title; and
        e.  Excuse,  for  cause acceptable to the commissioner, the failure to
      register with the department. Such excuse shall validate  and  authorize
      such practitioner's right to practice pending registration.
        3. The department assisted by the board for each profession, shall:
        a. Establish standards for preprofessional and professional education,
      experience  and  licensing  examinations  as  required  to implement the
      article for each profession. Notwithstanding any other provision of law,
      the commissioner shall establish standards requiring  that  all  persons
      applying,  on  or  after  January  first,  nineteen  hundred ninety-one,
      initially, or for the renewal of, a  license,  registration  or  limited
      permit  to  be  a  physician,  chiropractor,  dentist, registered nurse,
      podiatrist, optometrist,  psychiatrist,  psychologist,  licensed  master
      social  worker,  licensed clinical social worker, licensed creative arts
      therapist, licensed  marriage  and  family  therapist,  licensed  mental
      health  counselor, licensed psychoanalyst, or dental hygienist shall, in
      addition  to  all  the  other   licensure,   certification   or   permit
      requirements,  have  completed  two  hours  of  coursework  or  training
      regarding  the  identification  and  reporting  of   child   abuse   and
      maltreatment.  The  coursework  or  training  shall  be obtained from an
      institution or provider which has been approved  by  the  department  to
      provide  such  coursework  or training. The coursework or training shall
      include information regarding the physical and behavioral indicators  of
      child  abuse  and  maltreatment and the statutory reporting requirements
      set out in sections four hundred thirteen through four hundred twenty of
      the social services law, including but not limited to, when  and  how  a
      report  must  be  made,  what  other actions the reporter is mandated or
      authorized to take, the legal protections afforded  reporters,  and  the
      consequences for failing to report. Such coursework or training may also
      include  information regarding the physical and behavioral indicators of
      the abuse of individuals with mental retardation and other developmental
      disabilities and voluntary reporting of abused or  neglected  adults  to
      the  office  of mental retardation and developmental disabilities or the
      local adult protective services unit. Each applicant shall  provide  the
      department  with  documentation showing that he or she has completed the
      required training. The department shall provide an  exemption  from  the
      child  abuse and maltreatment training requirements to any applicant who
      requests  such  an  exemption  and  who  shows,  to   the   department's
      satisfaction,  that  there would be no need because of the nature of his
      or her practice for him or her to complete such training;
        b. Review qualifications in connection  with  licensing  requirements;
      and
        c. Provide for licensing examinations and reexaminations.
        4. The department shall:
        a.  Register  or approve educational programs designed for the purpose
      of providing professional preparation which meet  standards  established
      by the department.
    
        b.  Issue  licenses,  registrations,  and limited permits to qualified
      applicants;
        c.  (i)  Issue  a certificate of authority to a qualified professional
      service corporation being organized under section fifteen hundred  three
      of  the  business  corporation  law  or to a university faculty practice
      corporation being organized under section fourteen hundred twelve of the
      not-for-profit corporation law on payment of a fee  of  ninety  dollars,
      (ii)  require  such  corporations  to  file  a  certified  copy  of each
      certificate of incorporation and amendment thereto  within  thirty  days
      after the filing of such certificate or amendment on payment of a fee of
      twenty  dollars,  (iii)  require  such  corporations to file a triennial
      statement required by section fifteen hundred fourteen of  the  business
      corporation law on payment of a fee of one hundred five dollars.
        d.  Revoke  limited  permits on the recommendation of the committee on
      professional conduct for the profession concerned,  except  for  limited
      permits  issued  to  physicians, physician's assistants and specialist's
      assistants which shall be subject to sections two  hundred  thirty,  two
      hundred  thirty-a,  two hundred thirty-b and two hundred thirty-c of the
      public health law;
        e. Maintain public records of licenses issued and retain in its  files
      identifying  data  concerning  each  person  to  whom a license has been
      issued;
        e-1. Compile and make available to the New  York  city  department  of
      buildings  in  electronic  form:  (i)  a  list  of  all  architects  and
      professional engineers currently licensed by  and  registered  with  the
      department; (ii) a list of all architects and professional engineers who
      currently  hold  limited permits issued by the department, together with
      the conditions and limitations applicable to each such  limited  permit;
      and  (iii)  a  list  of  all architects and professional engineers whose
      licenses have been revoked or suspended by the board of regents  of  the
      state  of  New York or who are currently on probation, together with the
      date of revocation or the date and duration of suspension or  probation,
      as  applicable.  The  New  York  city  department of buildings shall not
      accept  plans  or  other  documents   submitted   in   connection   with
      applications  for  work  permits under articles ten through seventeen of
      subchapter  one  of  chapter  one   of   title   twenty-seven   of   the
      administrative  code  of the city of New York by any person representing
      that he  or  she  is  an  architect  or  professional  engineer  without
      verifying,   by  means  of  such  lists,  that  such  person  meets  the
      qualifications established  by  law  to  practice  as  an  architect  or
      professional engineer in New York state.
        f.  Collect the fees prescribed by this title or otherwise provided by
      law;
        g. Prepare an annual report for  the  legislature,  the  governor  and
      other   executive   offices,  the  state  boards  for  the  professions,
      professional societies, consumer agencies and other interested  persons.
      Such  report  shall  include  but  not  be  limited to a description and
      analysis  of  the  administrative  procedures  and  operations  of   the
      department  based  upon  a  statistical  summary  relating  to  (i)  new
      licensure, (ii) discipline, (iii) complaint, investigation, and  hearing
      backlog,  (iv)  budget,  and  (v)  the state boards for the professions.
      Information provided shall be enumerated by profession; and
        h. Establish an administrative unit which shall be responsible for the
      investigation, prosecution and determination of  alleged  violations  of
      professional conduct.
        5. Where an application is submitted for licensure or a limited permit
      in   any  profession  regulated  by  this  title  and  the  commissioner
      determines that while engaged in practice in another  jurisdiction:  (i)
    
      the  applicant  has  been  subject  to  disciplinary  action  by  a duly
      authorized professional disciplinary agency of such other  jurisdiction,
      where the conduct upon which the disciplinary action was based would, if
      committed in New York state, constitute practicing the profession beyond
      its  authorized scope, with gross incompetence, with gross negligence on
      a particular occasion, or with negligence or incompetence on  more  than
      one occasion under the laws of New York state, or (ii) the applicant has
      voluntarily  or otherwise surrendered his or her professional license in
      another jurisdiction after a disciplinary action  was  instituted  by  a
      duly   authorized   professional   disciplinary  agency  of  such  other
      jurisdiction based on conduct that  would,  if  committed  in  New  York
      state, constitute practicing the profession beyond its authorized scope,
      with gross incompetence, with gross negligence on a particular occasion,
      or  with  negligence or incompetence on more than one occasion under the
      laws of New York state, the department shall evaluate  the  conduct  and
      the  commissioner  may deny licensure or issuance of a limited permit to
      the applicant based on such conduct.
        6. The  commissioner  and  the  department  shall  perform  any  other
      functions necessary to implement this title.