NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6030
SPONSOR: Ortiz (MS) TITLE OF BILL: An act to amend the education law, in relation to
requiring the office of professional discipline to report complaints of
sexual misconduct made by certain professionals to law enforcement
PURPOSE OR GENERAL IDEA OF BILL: The bill requires the Office of
Professional Discipline shall, upon receipt of any complaint of sexual
misconduct made by a patient against a person licensed to practice
psychology, to report the nature and content of such complaint to the
local law enforcement agency if such complaint alleges that the licensed
psychologist engaged in sexual intercourse, oral sexual conduct or sexu-
al contact with patient.
SUMMARY OF SPECIFIC PROVISIONS: Section one amends the education law
by adding a new section 6510-f requires the Office of Professional.
Discipline shall, upon receipt of any complaint of sexual misconduct
made by a patient against a person licensed to practice psychology, to
report the nature and content of such complaint to the local law
enforcement agency within twenty-four hours, if such complaint allege
that the licensed psychologist engaged in sexual intercourse, oral sexu-
al conduct or sexual contact with patient
Section 2 provides the effective date.
JUSTIFICATION: Under New York law it is third-degree, or statutory,
rape when a mental health provider engages in a sexual relationship with
a patient undergoing therapy, regardless of age.
Currently, the Office of Professional Medical Conduct (OPMC), a division
of the Health Department, is required to report to law enforcement any
cases where a psychiatrist is in a sexual relationship with a patient
undergoing therapy.
However, the Office of Professional Discipline (OPD) - a division of
Department of Education, which overseeing licensed psychotherapists in
New York, is not required to forward complaints of statutory rape to law
enforcement
There is no rational basis to treat the identical act by licensed
professionals differently merely because one set of professionals is
overseen by OPMC and the other set of professionals is overseen by OPD.
Both professions occupy the same position of trust, and authority with
their patient, who is likely in a vulnerable and fragile state and seeks
their guidance and assistance.
This legislation aims to address this loophole in the law to protect
vulnerable individuals who seek help from a licensed mental health care
provider by requiring that any complaints of sexual misconduct that are
reported to the Office of Professional Discipline are reported to law
enforcement. Patients have the right to expect that the provider will
act with professional integrity and will not compromise his patient's
safety and well-being.
LEGISLATIVE HISTORY:
2011/12 - A10422 - Ref to Education
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
Immediately.
