S03405-C
STATE OF NEW YORK
________________________________________________________________________
3405--C
2003-2004 Regular Sessions
IN SENATE
March 25, 2003
___________
Introduced by Sens. LAVALLE, PADAVAN, TRUNZO, McGEE, VOLKER, DeFRANCIS-
CO, MORAHAN, MEIER, FUSCHILLO, RATH, LITTLE, NOZZOLIO, LARKIN,
LEIBELL, FLANAGAN, VELELLA, SEWARD, HANNON -- read twice and ordered
printed, and when printed to be committed to the Committee on Higher
Education -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading -- recommitted to the Committee on Higher
Education in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to creating the profes-
sional accountability act of 2004; to repeal certain provisions of
such law relating thereto; and providing for the repeal of certain
provisions of such law upon expiration thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "profes-
2 sional accountability act of 2004".
3 § 2. Section 6508 of the education law, as added by chapter 987 of the
4 laws of 1971, subdivision 1 as amended by chapter 866 of the laws of
5 1980, subdivision 3 as amended by chapter 99 of the laws of 1981, subdi-
6 vision 4 as amended by chapter 525 of the laws of 1998, subdivision 5 as
7 amended by chapter 97 of the laws of 1986 and subdivision 6 as amended
8 by chapter 994 of the laws of 1971, is amended to read as follows:
9 § 6508. [Assistance by] Independent state boards for the professions.
10 1. [A board for each profession shall be appointed by the board of
11 regents on the recommendation of the commissioner for the purpose of
12 assisting the board of regents and the department on matters of profes-
13 sional licensing, practice, and conduct. The composition of each board
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11373-09-4
S. 3405--C 2
1 shall be as prescribed in the article relating to each profession]
2 Powers and duties. a. An independent state board for each profession
3 licensed pursuant to this title shall be created for the purposes of
4 governing such professions and advising the board of regents on issues
5 pertaining to professional licensing, practice, and conduct.
6 b. An independent state board for a profession shall have rule making
7 authority on actions supported by a majority vote of the entire member-
8 ship of such board on matters of professional licensing, practice, and
9 conduct, except when determined by the department to have a negative
10 impact on another profession licensed pursuant to this title. The board
11 of regents shall have rule making authority on matters of professional
12 licensing, practice, and conduct when determined by the department that
13 an action by an independent state board for a profession will have a
14 negative impact on another profession licensed pursuant to this title.
15 The board of regents may override, amend, or replace any rule or regu-
16 lation promulgated by an independent state board for a profession by a
17 two-thirds vote of the entire membership of the board of regents. The
18 board of regents shall develop rules and regulations for the implementa-
19 tion of this paragraph.
20 c. Within each board a committee on licensing may be appointed by the
21 board chairman.
22 [Except as provided in paragraph (a) of this subdivision, the member-
23 ship of each professional licensing board shall be increased by one
24 member, and each such board shall have at least one public represen-
25 tative who shall be selected by the board of regents from the general
26 public.
27 a. The membership of the professional licensing boards created under
28 sections sixty-five hundred twenty-three, sixty-eight hundred four,
29 sixty-nine hundred three, and seventy-four hundred three of this chapter
30 shall be increased by two members, and each such board shall have at
31 least two public representatives, who shall be selected by the board of
32 regents from the general public.
33 b. For the purposes of this title, a "public representative" shall be
34 a person who is a consumer of services provided by those licensed or
35 otherwise supervised or regulated by the boards created hereunder, and
36 shall not be, nor within five years immediately preceding appointment
37 have been:
38 (i) a licensee or person otherwise subject to the supervision or regu-
39 lation of the board to which appointed; or
40 (ii) a person maintaining a contractual relationship with a licensee
41 of such board, which would constitute more than two percentum of the
42 practice or business of any such licensee, or an officer, director, or
43 representative of such person or group of persons.
44 2.] d. Each board, or its committee on licensing, shall select or
45 prepare examinations, may conduct oral and practical examinations and
46 reexaminations, shall fix passing grades, and assist the department in
47 other licensing matters as prescribed by the board of regents.
48 [3.] e. Each board shall conduct disciplinary proceedings as
49 prescribed in this article and shall assist in other professional
50 conduct matters as prescribed by the board of regents.
51 [4. Members of each board shall be appointed by the board of regents
52 for five-year terms except that the terms of those first appointed shall
53 be arranged so that as nearly as possible an equal number shall termi-
54 nate annually. A vacancy occurring during a term shall be filled by an
55 appointment by the board of regents for the unexpired term. Each state
56 professional association or society may nominate one or more candidates
S. 3405--C 3
1 for each appointment to be made to the board for its profession, but the
2 board of regents shall not be required to appoint candidates so nomi-
3 nated. Former members of a board may be re-appointed by the board of
4 regents, on the recommendation of the commissioner, to serve as members
5 of the board solely for the purposes of disciplinary proceedings,
6 proceedings relating to the moral character of an applicant for licen-
7 sure, and proceedings relating to applications for the restoration of a
8 professional license. In addition, each board shall establish a roster
9 of auxiliary members from candidates nominated by professional associ-
10 ations or societies for appointment by the board of regents, on the
11 recommendation of the commissioner, to serve as members of the board
12 solely for the purposes of disciplinary proceedings, proceedings relat-
13 ing to the moral character of an applicant for licensure, and
14 proceedings relating to applications for the restoration of a profes-
15 sional license.
16 5.] 2. Appointments. The following independent state boards for
17 professions licensed pursuant to this title shall be created and
18 appointed as provided in this subdivision:
19 a. Independent state board for medicine. (i) The profession of medi-
20 cine, licensed pursuant to article one hundred thirty-one of this title,
21 shall have an independent state board of twenty licensed physicians, two
22 of whom shall be doctors of osteopathy.
23 (ii) The independent state board for medicine shall also have a
24 committee for the profession of physician's assistants, licensed pursu-
25 ant to article one hundred thirty-one-B of this title, composed of four
26 licensed physician's assistants, whose participation shall be limited to
27 issues concerning physician assistants.
28 (iii) The independent state board for medicine shall also have a
29 committee for the profession of athletic trainers, licensed pursuant to
30 article one hundred sixty-two of this title, composed of eight certified
31 athletic trainers, whose participation shall be limited to issues
32 concerning athletic training.
33 (iv) The independent state board for medicine shall also have a
34 committee for the profession of medical physics, licensed pursuant to
35 article one hundred sixty-six of this title, composed of five licensed
36 medical physicists and three licensed physicians, whose participation
37 shall be limited to issues concerning medical physics. The licensed
38 medical physicists shall be represented by each of the following
39 specialties: diagnostic radiological physics, therapeutic radiological
40 or radiation oncology physics, medical nuclear physics, and medical
41 health physics. The licensed physicians shall be represented by each of
42 the following specialties: diagnostic radiology, radiation therapy or
43 radiation oncology, and nuclear medicine.
44 b. Independent state board for chiropractic. The profession of chirop-
45 ractic, licensed pursuant to article one hundred thirty-two of this
46 title, shall have an independent state board of eight members, composed
47 of five licensed chiropractors, one licensed physician who is a doctor
48 of medicine, one licensed physician who is a doctor of osteopathy, and
49 one educator who holds a doctorate or equivalent degree in either anato-
50 my, physiology, pathology, chemistry, or microbiology.
51 c. Independent state board for dentistry. The profession of dentistry,
52 licensed pursuant to article one hundred thirty-three of this title,
53 shall have an independent state board of twenty members, composed of
54 sixteen licensed dentists, three licensed dental hygienists, and one
55 certified dental assistant.
S. 3405--C 4
1 d. Independent state board for veterinary medicine. (i) The profession
2 of veterinary medicine, licensed pursuant to article one hundred thir-
3 ty-five of this title, shall have an independent state board of eight
4 licensed veterinarians.
5 (ii) The independent state board for veterinary medicine shall also
6 have a committee for the profession of veterinary technology, licensed
7 pursuant to article one hundred thirty-five of this title, composed of
8 three licensed veterinary technicians, whose participation shall be
9 limited to issues concerning veterinary technology.
10 e. Independent state board for physical therapy. The profession of
11 physical therapy, licensed pursuant to article one hundred thirty-six of
12 this title, shall have an independent state board of eight licensed
13 physical therapists.
14 f. Independent state board for pharmacy. The profession of pharmacy,
15 licensed pursuant to article one hundred thirty-seven of this title,
16 shall have an independent state board of eight licensed pharmacists. The
17 board shall have power:
18 (i) To regulate the practice of pharmacy and the employment of interns
19 and employees in pharmacies,
20 (ii) To regulate and control the sale, distribution, character and
21 standard of drugs, poisons, cosmetics, devices and new drugs,
22 (iii) To employ inspectors and chemists,
23 (iv) To prevent the sale or distribution of such drugs, poisons,
24 cosmetics, devices and new drugs as do not conform to the provisions of
25 this article or of the public health law,
26 (v) To investigate alleged violations of the provisions of this arti-
27 cle, through its own investigative personnel or those of other agencies,
28 to conduct hearings, to levy money penalties, and to bring alleged
29 violations to the notice of the attorney general, and
30 (vi) To issue limited permits or registrations.
31 g. Independent state board for nursing. The profession of nursing,
32 licensed pursuant to article one hundred thirty-nine of this title,
33 shall have an independent state board of sixteen members, composed of
34 twelve licensed professional nurses and four licensed practical nurses.
35 h. Independent state board for midwifery. The profession of midwifery,
36 licensed pursuant to article one hundred forty of this title, shall have
37 an independent state board of fourteen members, composed of eight
38 licensed midwifes, two licensed physicians who are also certified as
39 obstetrician/gynecologists by a national certifying body, two licensed
40 physicians who practice family medicine including obstetrics, one
41 licensed physician who practices pediatrics, and one educator of midwif-
42 ery.
43 i. Independent state board for podiatry. The profession of podiatry,
44 licensed pursuant to article one hundred forty-one of this title, shall
45 have an independent state board of eight licensed podiatrists.
46 j. Independent state board for optometry. The profession of optometry,
47 licensed pursuant to article one hundred forty-three of this title,
48 shall have an independent state board of eight licensed optometrists.
49 k. Independent state board for ophthalmic dispensing. The profession
50 of ophthalmic dispensing, licensed pursuant to article one hundred
51 forty-four of this title, shall have an independent state board of eight
52 licensed ophthalmic dispensers.
53 l. Independent state board for engineering and land surveying. The
54 professions of engineering and land surveying, licensed pursuant to
55 article one hundred forty-five of this title, shall have an independent
S. 3405--C 5
1 state board of eleven members, composed of eight licensed professional
2 engineers and three licensed land surveyors.
3 m. Independent state board for architecture. The profession of archi-
4 tecture, licensed pursuant to article one hundred forty-seven of this
5 title, shall have an independent state board of eight licensed archi-
6 tects.
7 n. Independent state board for landscape architecture. The profession
8 of landscape architecture, licensed pursuant to article one hundred
9 forty-eight of this title, shall have an independent state board of
10 eight licensed landscape architects.
11 o. Independent state board for public accounting. The profession of
12 public accounting, licensed pursuant to article one hundred forty-nine
13 of this title, shall have an independent state board of twenty licensed
14 certified public accountants, five of whom shall be from firms which
15 employ more than three hundred certified public accountants in this
16 state, five of whom shall be from firms which employ at least twenty-
17 five but no more than three hundred certified public accountants in this
18 state, five of whom shall be from firms which employ less than twenty-
19 five certified public accountants in this state, and five of whom shall
20 be either retired or in the employ of a business entity whose primary
21 function does not include accounting services.
22 p. Independent state board for certified shorthand reporting. The
23 profession of certified shorthand reporting, licensed pursuant to arti-
24 cle one hundred fifty-one of this title, shall have an independent state
25 board of eight certified shorthand reporters.
26 q. Independent state board for psychology. The profession of psychol-
27 ogy, licensed pursuant to article one hundred fifty-three of this title,
28 shall have an independent state board of twelve licensed psychologists.
29 r. Independent state board for social work. The professions of
30 licensed master social work and licensed clinical social work, licensed
31 pursuant to article one hundred fifty-four of this title, shall have an
32 independent state board of sixteen members, composed of eight licensed
33 master social workers and eight licensed clinical social workers.
34 s. Independent state board for massage therapy. The profession of
35 massage therapy, licensed pursuant to article one hundred fifty-five of
36 this title, shall have an independent state board of eight members,
37 composed of five licensed massage therapists and three licensed physi-
38 cians.
39 t. Independent state board for occupational therapy. The profession of
40 occupational therapy, licensed pursuant to article one hundred fifty-six
41 of this title, shall have an independent state board of eight members,
42 composed of seven licensed occupational therapists and one licensed
43 physician.
44 u. Independent state board for dietetics and nutrition. The profes-
45 sion of dietetics and nutrition, licensed pursuant to article one
46 hundred fifty-seven of this title, shall have an independent state board
47 of eight certified dieticians or certified nutritionists.
48 v. Independent state board for speech-language pathology and audiolo-
49 gy. The professions of speech-language pathology and audiology, licensed
50 pursuant to article one hundred fifty-nine of this title, shall have an
51 independent state board of eight members, composed of four licensed
52 speech-language pathologists and four licensed audiologists.
53 w. Independent state board for acupuncture. The profession of acupunc-
54 ture, licensed pursuant to article one hundred sixty of this title,
55 shall have an independent state board of eight members, composed of four
S. 3405--C 6
1 licensed acupuncturists and four licensed physicians certified to use
2 acupuncture.
3 x. Independent state board for interior design. The profession of
4 interior design, licensed pursuant to article one hundred sixty-one of
5 this title, shall have an independent state board of eight members,
6 composed of four certified interior designers, two licensed architects
7 who practice primarily interior design, one professional engineer with
8 an expertise in interior design, and one full-time interior design
9 educator.
10 y. Independent state board for mental health practitioners. The
11 professions of licensed mental health counseling, licensed marriage and
12 family therapy, licensed creative arts therapy, and licensed psychoanal-
13 ysis, licensed pursuant to article one hundred sixty-three of this
14 title, shall have an independent state board of thirteen members,
15 composed of three licensed mental health counselors, three licensed
16 marriage and family counselors, three licensed creative arts therapists,
17 three licensed psychoanalysts, and one licensed physician who is a
18 psychiatrist.
19 z. Independent state board for respiratory therapy. The profession of
20 respiratory therapy, licensed pursuant to article one hundred sixty-four
21 of this title, shall have an independent state board of eight members,
22 composed of five licensed respiratory therapists, two licensed respir-
23 atory therapy technicians, and one licensed physician.
24 3. Term. The term of each board member shall be for three years,
25 provided that the department shall stagger the terms of the initial
26 appointments so that as nearly as possible an equal number shall termi-
27 nate annually. A vacancy occurring during a term shall be filled for the
28 unexpired term. No board member shall serve for more than two consec-
29 utive three-year terms.
30 4. Qualifications. Each board member shall be licensed within this
31 state in their respective profession for at least five years, provided
32 that this provision shall not be applicable to professions licensed for
33 less than five years. Each board member shall have had no professional
34 disciplinary actions brought against them by the state that resulted in
35 a negative action or declaration. No board member shall be an employee
36 of or consultant to any testing agency or other entity that is author-
37 ized by the board of regents to conduct any test or provide any service
38 that may be required for licensure. Each state professional association
39 or society may provide recommendations to the board of regents or the
40 appointing government official for each appointment to be made to the
41 independent board for its profession.
42 5. Consumer representatives. Each board shall have three consumer
43 representatives appointed to three-year terms in the following manner:
44 one for each board shall be appointed by the governor, one for each
45 board shall be appointed by the temporary president of the senate, and
46 one for each board shall be appointed by the speaker of the assembly. No
47 consumer representative shall serve for more than two consecutive three-
48 year terms. Each consumer representative shall be voting members of
49 their respective boards.
50 6. Oath of office, reimbursement, and removal. Each member of a board
51 shall receive a certificate of appointment, shall before beginning his
52 term of office file a constitutional oath of office with the secretary
53 of state, shall receive up to one hundred dollars as prescribed by the
54 board of regents for each day devoted to board work, and shall be reim-
55 bursed for his or her necessary expenses. Any member may be removed from
S. 3405--C 7
1 a board by the board of regents for misconduct, incapacity or neglect of
2 duty.
3 [6.] 7. Board officers and by-laws. Each board shall elect from its
4 members a chairman and vice-chairman annually, shall meet upon call of
5 the chairman or the department, and may adopt bylaws consistent with
6 this title and approved by the board of regents. A quorum for the trans-
7 action of business by [the] each board shall be a majority of [members
8 but not less than five members] the total membership of such board.
9 [7.] 8. Executive secretary. An executive secretary to each board
10 shall be appointed by the board of regents on recommendation of the
11 commissioner. Such executive secretary shall not be a member of the
12 board, shall hold office at the pleasure of, and shall have the powers,
13 duties and annual salary prescribed by the board of regents.
14 § 3. Sections 6523, 6553, 6603, 6703, 6733, 6804, 6904, 6954, 7003,
15 7103, 7123, 7205, 7303, 7323, 7403, 7503, 7602, 7703, 7803, 7903, 8003,
16 8205, 8213, 8304, 8354, 8406, 8503 and 8704 of the education law are
17 REPEALED.
18 § 4. Section 6903 of the education law, as amended by chapter 994 of
19 the laws of 1971 and as renumbered by chapter 50 of the laws of 1972, is
20 amended to read as follows:
21 § 6903. Practice of nursing and use of title "registered professional
22 nurse" or "licensed practical nurse". Only a person licensed or other-
23 wise authorized under this article shall practice nursing and only a
24 person licensed under section sixty-nine hundred [four] five shall use
25 the title "registered professional nurse" and only a person licensed
26 under section sixty-nine hundred [five] six of this article shall use
27 the title "licensed practical nurse".
28 § 5. Subdivision 1 of section 8401 of the education law, as added by
29 chapter 676 of the laws of 2002, is amended to read as follows:
30 1. "Board" means the state board for mental health practitioners
31 authorized by section [eighty-four hundred six of this article] sixty-
32 five hundred eight of this title.
33 § 6. This act shall take effect September 1, 2005; provided, however,
34 that section five of this act shall take effect on the same date as
35 section 8 of chapter 676 of the laws of 2002, takes effect; and provided
36 further that paragraph b of subdivision 1 of section 6508 of the educa-
37 tion law, as added by section two of this act, shall expire and be
38 deemed repealed September 1, 2008.