2023 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; 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;
* NB Effective until December 22, 2025
* 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;
* NB Effective December 22, 2025
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.