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§ 2. This act shall take effect immediately [provided that the amendment to subdivisions one and two of section four hundred twelve of the social services law made by section one of this act shall not effect the expiration of said provisions].

§ 44. Section 4 of chapter 545 of the laws of 1988 amending the social services law, relating to the creation an open express line for reporting suspected child abuse and maltreatment, is amended to read as follows:

§ 4. This act shall take effect January [first, nineteen hundred eighty-nine provided, however, that nothing contained in sections one and two of this act shall be deemed to affect the expiration of certain provisions of section four hundred fifteen or paragraph (a) of subdivision two of section four hundred twenty-two of the social services law as provided for by chapter. six hundred seventy-six of the laws of nineteen hundred eighty-five and chapter seven hundred seventeen of the laws of nineteen hundred eighty-six respectively] i, 1989.

§ 45. Section 20 of chapter 634 of the laws of 1988 amending the social services law and the mental hygiene law, relating to protection of children from child abuse and maltreatment, as amended by chapter 250 of the laws of 1991, is amended to read as follows:

$ 20. This act shall take effect immediately[, provided, however that the provisions in sections one through four, that portion of five which adds a new subparagraph (t) to paragraph (A) of subdivision 4 of section 422 of the social services law, nine, and sixteen through nineteen of this act shall remain in force and effect until March 31, 1992 and provided further, however, that nothing contained in this act shall be deemed to extend the existence of the amendatory language included in subdivisions 1 and 2, and paragraph (a) of subdivision 1 of section 412; section 415; subdivisions 5, 8 and 9 of section 422; and section 424-b of the social services law pursuant to the provisions of chapter 676 of the laws of 1985, or the existence of the amendatory language included in paragraph (b) of subdivision 8 of section 422; the closing paragraph of section 424; paragraph (a) of subdivision 1 of section 424-a; subdivision 4 of section 424-a; and subdivision 5 of section 424-c of the social services law and subparagraph e of paragraph 2 of subdivision (c) of section 45.07 of the mental hygiene law pursuant to the provisions of chapter 719 of the laws of 1986, beyond the date upon which such language is otherwise due to expire].

§ 46. Section 3 of chapter 194 of the laws of 1989 amending the social services law and the education law, relating to requiring dental hygienists to report suspected cases of child abuse or neglect, is amended to read as follows:

§ 3. This act shall take effect January 1, 1990[, provided that the amendment made to section 413 of the social services law by section

one of this act shall be subject to the expiration provisions of such subdivision pursuant to chapter 376 of the laws of 1985).

§ 47. Section 2 of chapter 292 of the laws of 1989 amending the social services law, relating to reports by, a statewide central register be made available involving child abuse and maltreatment, is amended to read as follows:

§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law (and shall not affect the expiration of subparagraph (t) of paragraph (A) of subdivision 4 of section 422 of the social services law on March 31, 1990, as provided by chapter 634 of the laws of 1988).

§ 48. Section 3 of chapter 434 of the laws of 1989 amending the social services law relating to disclosure by employers in reporting child abuse and maltreatment, is amended to read as follows:

§ 3. This act shall take effect immediately (provided, however, that nothing contained herein shall be deemed to effect the expiration of certain provisions of paragraph (A) of subdivision 4 of section 422 of the social services law as otherwise provided by law].

§ 49. This act shall take effect October 1, 1992, provided, however that the provisions of this act shall apply to any investigation child abuse neglect, pursuant to this act, which has not been completed as of the effective date of this act.

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CHAPTER 33

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AN ACT making an appropriation to pay Susan Hoyt, widow of the late Wil

liam B. Hoyt, member of the Assembly from the 144th assembly district,

the balance due of his unpaid annual compensation for the year 1992 Became law March 27, 1992, with the approval of the Governor. Passed

on message of necessity pursuant to Article III, section 14 and Article VII, section 5 of the Constitution by a majority vote, threefifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The sum of fifty-one thousand one hundred fifty-two dollars and ninety-two cents ($51, 152.92) is hereby appropriated out

of any moneys in the general fund of the state treasury to the credit of the state purposes account not otherwise appropriated,' for payment to Susan Hoyt, the widow of the late William B. Hoyt, member of the assembly from the 144th assembly district, who died on the twenty-fifth day of March, 1992, for the balance due of the unpaid annual compensation which would have been earned by him had he continued to live and serve as such member until the close of such year. The amount hereby appropriated shall be payable to Susan Hoyt on the audit and warrant of the comptroller a voucher certified or approved in the manner prescribed by law.

§ 2. This act shall take effect immediately.

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CHAPTER 34
AN AC to amend the county law, in relation to the appointment and

promotion of deputy sheriffs
Became a law March 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Subdivision 1 of section 652-a of the county law, as added by chapter 602 of the laws of 1991, is amended to read as follows:

1. In any, county outside the city of New York where heretofore there has been established a procedure for the appointment and promotion

of [deputy sheriffs] personnel within the office of the sheriff, the appointment and promotion of [deputy sheriffs) personnel within the office of the

sheriff may continue to be made pursuant to that procedure through March thirty-first, nineteen hundred [ninety-two) ninety-three, any other provision of law notwithstanding.

§ 2. This act shall take effect immediately.

CHAPTER 35

AN ACT to amend chapter 1040 of the laws of 1981, relating to the New

York temporary state commission on lobbying, in relation to extending the existence of the commission an additional two years Became a law March 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Section 5 of chapter 1040 of the laws of 1981, relating to the New York temporary state commission on lobbying, as amended by chapter 746 of the laws of 1991, is amended to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law §. 5. This act shall take effect January 1, 1982, except that prior to such date the New York temporary state commission on regulation of lobbying, created pursuant to chapter 937 of the laws of 1977, shall prepare for the orderly transition of duties between it and the New York temporary state commission on lobbying, created pursuant to section four of section one of this act, and the implementation of the provisions of chapter 937 of the laws of 1977 and of this act. This act shall remain in effect until December 31, 1993, provided, however, that the existence of the New York state temporary commission on lobbying shall continue until March (thirty-first, nineteen hundred ninety-two] 31, 1994 for the purpose of receiving and processing registrations and reports required to be filed pursuant to sections five, eight, nine and ten of section one of this act.

to be omitted.

§ 2. This act shall take effect immediately.

CHAPTER 36

AN ACT to amend chapter 770 of the laws of 1989 relating to recovery of

counsel fees and other reasonable expenses in certain actions against the state, in relation to eliminating the expiration of such chapter Became a law March 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Sect on 1. Section 2 of chapter 770 of the laws of 1989, relating to recovery of counsel fees and other reasonable expenses in certain actions against the state, is amended to read as follows:

$ 2.. This act shall take effect on April 1, 1990 and shall apply to all actions commenced on or after such dates, except that the provisions of article 86 of the civil practice law and rules, as added by section one of this act, shall expire and be deemed repealed on March 31, 1992].

§ 2. This act shall take effect immediately.

CHAPTER 37

AN ACT to amend the public health law and the education law, in relation

to the professional medical conduct program and establishing an additional demonstration period for a physician committee of the state medical society or the state osteopathic society to refer to treatment physicians who are thought to be suffering from alcoholism, drug abuse or mental illness and to amend chapter 426 of the laws of 1983, amending the public health law, relating to professional misconduct proceedings and chapter 582 of the laws of 1984, amending the public health law, relating to regulating activities of physicians, in relation to extending the effective dates of such chapters Became a law April 1, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Subdivisions 1 and 2 of section 230 of the public health law, subdivision 1 as amended by chapter 606 of the laws of 1991 and subdivision 2 as added by chapter 109 of the laws of 1975, are amended to read as follows:

1. A state board for professional medical conduct is hereby created in the department in matters of professional misconduct as defined in sections sixty-five hundred thirty and sixty-five hundred thirty-one of the

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education law. Its physician members shall be appointed by the commissioner at least eighty-five percent of whom shall be from among nominations submitted by the medical society of the state of New York, the New York state osteopathic society, the New York academy of medicine, county medical societies, statewide specialty societies recognized by the council of medical specialty societies, and the hospital association of New York state. Its lay members shall be appointed by the commissioner with the approval of the governor. The board of regents [may] shall also appoint twenty percent of the members of the board. Not less than sixtyseven percent of the members appointed by the board of regents shall be physicians. Not less than eighty-five percent of the physician members appointed by the board of regents shall be from among nominations submitted by the medical society of the state of New York, the New York state osteopathic society, the New York academy of medicine, county medical societies, statewide medical societies recognized by the council of medical specialty societies, and the hospital association of New York state. Any failure to meet the percentage thresholds stated in this subdivision shall not be grounds for invalidating any action by or on authority of the board for professional medical conduct or a committee or a member thereof. The board for professional medical conduct shall consist of not fewer than eighteen physicians licensed in the state for at least five years, two of whom shall be doctors of osteopathy, and not fewer than seven lay members. An executive secretary shall be appointed by the chairperson and shall be a licensed physician. Such executive secretary shall not be a member of the board, shall hold office at the pleasure of, and shall have the powers and duties assigned and the annual salary fixed by, the chairperson. The chairperson shall also assign such secretaries or other persons to the board as are necessary.

2. Members of such board shall be appointed by the commissioner or the board of regents for three year terms except that the terms of those first appointed shall be arranged so that as nearly as possible an equal number shall terminate annually. A vacancy occurring during a term shall be filled by an appointment by the commissioner or the board of regents for the unexpired term.

§ 2. Subparagraph (iv) of paragraph (a) of subdivision 10 of section 230 of the public health law, as amended by chapter 606 of the laws of 1991, is amended to read as follows:

(iv) If the director of the office of professional medical conduct, after' obtaining the concurrence of a majority of [a] an investigation committee [on professional conduct of the board for professional medical conduct], and after consultation with the executive secretary, deternines that hearing is warranted the director shall, within fifteen days thereafter, direct counsel to prepare the charges (within fifteen days thereafter). If the director determines after consultation with [a] an investigation committee [on professional conduct] that: (A) evidence exists of a single incident of negligence or incompetence, à pattern of inappropriate prescribing or medical practice, or impairment by drugs, alcohol, physical or mental disability; (B) a recommendation was made by a county medical society or the medical society of the state of New York that warrants further review; or (C) the facts underlying a verdict in a medical malpractice action warrant further review, the director, in addition to the authority set forth in this section, shall be authorized to conduct a comprehensive review of patient records of the licensee and such office records of the licensee as are related to said determination. The licensee shall cooperate with the investigation and willful failure to cooperate in a substantial or material respect may result in an enforcement proceeding pursuant to subparagraph (ii) of paragraph (0) of this subdivision. If there is a question of alcoholism, alcohoí abuse, drug abuse or mental illness, the director may refer the matter to a' committee, as referred to in subparagraph (ii) of paragraph (c) of subdivision eleven of this section.

5 3. Paragraphs (c), (f) and (p) of subdivision 10 of section 230 of the public health law, paragraphs) and (f) as amended and paragraph (P) as added by chapter 606 of the laws of 1991, are amended to read as follows:

(c) Notice of hearing. The board shall set the time and place of the hearing [which shall not be later than thirty-five days from the date on which

the

charges were served). The notice of hearing shall state (1) the date, time and place of the hearing, (2) that the licensee may file EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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charges no later than ten days prior to the hearing, (3) that the licensee shall appear personally at the hearing and may be represented by counsel, (4) that the licensee shall have the right to produce witnesses and evidence in his behalf, to cross-examine witnesses and

examine evidence produced against him, and to have subpoenas issued in his behalf to require the production of witnesses and evidence in manner and form as prescribed by the civil practice law and rules or either party may issue such subpoenas in their own behalf, (5) that a stenographic record of the hearing will be made, and (6) such other information as may be considered appropriate by the committee.

(f) Conduct of hearing. All hearings must be commenced within sixty days of the [services] service of charges except that an adjournment of the initial. hearing date may be granted by the hearing committee upon request by either party upon good cause shown. No adjournment shall ceed thirty days. The evidence in support of the charges shall be presented by an attorney. The licensee shall have the rights required to be stated in the notice of hearing (subparagraph (C) of this subdivision) and in section four hundred one of the state administrative procedure act. The committee shall not be bound by the rules of evidence, but its conclusion shall be based on a preponderance of the evidence. A hearing which has been initiated shall not be discontinued because of the death or incapacity to serve of one member of the hearing committee. In the event of a member's death or incapacity to serve on the committee, a member shall be appointed immediately by the [chairman] chairperson of the board. The member shall affirm in writing that he or she has read and considered evidence and transcripts of the prior proceedings. The last hearing day must be held within one hundred twenty days of the first hearing day. Either party, for good cause shown, may request that the committee extend the lasthearing day beyond one hundred twenty days. An extension requested by the licensee and granted by the committee may not be used as the grounds for a proceeding brought under paragraph (j) of this subdivision.

(p) Convictions of crimes or administrative violations. In cases of professional misconduct based solely upon a violation of subdivision nine of section sixty-five hundred thirty of the education law, the director may direct that charges be prepared and served and may refer the matter to a committee on professional conduct for its review and report of findings, conclusions as to guilt, and determination. In such cases the notice of hearing shall state that the licensee may file a written answer, brief and affidavits with the committee on professional conduct, that the licensee may appear personally before the committee on professional conduct, may be represented by counsel and may present evidence or sworn testimony in his or her behalf, and the notice may contain such other information as may be considered appropriate by the director. The department may also present evidence or sworn testimony at the hearing. A stenographic record of the hearing shall be made. Such evidence or sworn testimony offered to the committee on professional conduct shall be strictly limited to evidence and testimony relating to the nature and severity of the penalty to be imposed upon the licensee. Where the charges are based on the conviction of state law crimes in other jurisdictions, evidence may be offered to the committee which would show that the conviction would not be a crime in New York state. The committee on professional conduct may reasonably limit the number of witnesses whose testimony will be received and the length of

time any witness will be permitted to testify., The determination of the committee shall be served upon the licensee and the department in accordance with the provisions of paragraph (h) of this subdivision. A determination pursuant to this subdivision

reviewed by the administrative review board for professional medical conduct.

§ 4. Subparagraph (ii) of paragraph (c) of subdivision 11 of section 230 of the public health law, as amended by chapter 55 of the laws of 1989, is amended to read as follows:

(ii) Participation and membership during a three year demonstration period in a physician committee of the Medical Society of the State of New York or the New York State Osteopathic Society, whose purpose is to confront and refer to treatment physicians who are thought to be suffering from alcoholism, drug abuse or mental illness. Such demonstration period shall commence on April first, nineteen hundred eighty and terminate May thirty-first, nineteen hundred eighty-three. An additional demonstration period shall commence on June first, nineteen hundred eighty-three and terminate March thirty-first, nineteen hundred eighty-six. An additional demonstration period shall commence on April

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