N.Y. Education Law § 6507: Administration by the education department

§ 6507. Administration by the education department. 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, dental hygienist, licensed

behavior analyst, certified behavior analyst assistant, or athletic

trainer 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 developmental disabilities and voluntary

reporting of abused or neglected adults to the office for people with

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.