ยง 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, or certified behavior analyst assistant 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.