NY Educ L § 6507 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 130* - General Provisions Sub Art. 2 - State Management. 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; ande.  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 mental retardation and other 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;   andc. 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; andh. 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.