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Same as: A8219 Versions: S4200

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S4200 Actions

S4200 - ORDERED TO THIRD READING CAL.944 - Jul 16, 2009
S4200 - REPORTED AND COMMITTED TO RULES - Jun 8, 2009
S4200 - REPORTED AND COMMITTED TO FINANCE - May 13, 2009
S4200 - REFERRED TO HIGHER EDUCATION - Apr 16, 2009

S4200 Calendars

S4200 Votes

Same As: A8219 Votes

S4200 Memo

BILL NUMBER: S4200

TITLE OF BILL : An act to amend the education law and the state finance law, in relation to stabilizing the office of the professions account

PURPOSE OF THE BILL : The purpose of this bill is to stabilize the Office of the Professions Account (OP Account) by imposing a 15% surcharge on individual registration and re-registration fees for the professions overseen by the State Education Department's Office of the Professions, with the exception of fees dedicated for deposit to the Professional Medical Conduct Account. The OP Account, which provides the entire funding source for the Office of the Professions, can no longer effectively sustain the fiscal viability of the Office despite strict fiscal controls and dramatic reductions in operational expenses. This bill is necessary to continue the effective and efficient operation of the Office of the Professions in meeting its annual responsibilities, including issuing approximately 50,000 professional licenses, processing more than 250,000 registrations, overseeing continuing education of licensed professionals, investigating and resolving over 7,000 professional misconduct complaints annually, reviewing 300 educational programs, conducting 15,000 individual reviews of non-traditional education, responding to one million calls and emails on licensure and practice issues, providing professional practice guidance, and monitoring 300 individuals in the Professional Assistance Program.

SUMMARY OF THE PROVISIONS OF THE BILL :

Section 1 would add ?6507-a to the Education Law to authorize the Commissioner of Education to impose a 15% surcharge, rounded upward to the nearest dollar, on any professional registration fee imposed on a profession pursuant to Title 8 of the Education Law.

Section 2 would amend subdivision 2 of ?97-nnn of the State Finance Law to clarify that surcharges established by statute, such as the surcharge that would be established by section 1 of this act, are subject to deposit in the OP Account.

Section 3 is the effective date.

STATEMENT IN SUPPORT OF THE BILL : The Department's Office of the Professions currently licenses 48 professions. The OP Account was created by Chapter 436 of the Laws of to collect fees charged for the Office of the Professions' administration and regulation of the professions, which included fees for professional registration, licensing, continuing education, and limited permits. Currently, fees for registration range from $30 to $210, with the majority of existing fees falling into the categories of $50, $155 or $210. These registration fees have not been raised since 1989, with the exception of the registration fee for physicians, which was increased in 1996. While the number of professions, licensees, and mandated oversight responsibilities continue to grow (for instance, there has been a 25% increase in the number of professions since 1997), revenues have not kept pace with inflation and are not adequate to accommodate newly required responsibilities. As such, this revenue account, which provides the entire funding source for the Office of the Professions, can no longer effectively sustain the fiscal viability of the Office, and a modest fee increase is necessary to continue the effective and efficient operation of the Office.

This bill will raise the additional revenue necessary to stabilize the Office of the Professions through the imposition of a surcharge on all registration fees imposed on licensed professionals providing professional services, with the exception of fees dedicated for deposit to the Professional Medical Conduct Account. It will only impose minimal financial impact on individual licensees. Specifically, each licensee would be required to pay an additional 15% surcharge on each fee required for professional registration. The majority of the increases for triennial registration fees would be $8, $24 or $32. It is projected that this bill will provide an additional $4 Million in revenue to the OP Account for the continued efficient operation of the Office of the Professions. The Office of the Professions serves a very important role in regulating 48 professions and in doing so, helps ensure the proper preparation, quality of performance, and continued development of these licensed professionals. Moreover, the Office ensures the public's protection from professional misconduct and the unauthorized practice of a profession. The Office also ensures the quality of professional education programs. The critical work of the Office of the Professions contributes to the well-being. stability, and economic health of New York State. Without this fee increase, investigations of professional misconduct and unauthorized practice of a profession will be seriously undermined and patients and clients may be harmed. Increased funding of the OP Account is necessary to protect the public from individuals who fraudulently represent themselves as licensees. This fee increase is not only necessary to protect the public from these unlicensed, untrained individuals, but also to preserve the public's confidence in the professions when seeking and obtaining services from licensed health, design, and business professionals. Further, without this fee increase, evaluations of professional education programs will likely be delayed, harming both schools and students. Necessary information may not be provided to the public, hospitals, professionals, the legislature, and many other stakeholders. Productivity across all of the Office of the Professions would be adversely affected, leading to the frustration of licensees, applicants, employers and the public. Therefore, this bill is necessary to preserve the quality of such educational programs and to promote effective communication with the public, licensees and other such constituencies.

BUDGETARY IMPLICATIONS OF THE BILL : This bill will not impose any additional costs on the State. We estimate that this bill will generate approximately $4 Million annually in additional revenues for the OP Account. This bill is necessary for the effective and efficient operation of the Department's Office of the Professions, which includes the registration and licensing of 48 professions, the continuing education of such licensed professionals, the investigation and prosecution of professional misconduct, and other related functions of such Office.

PRIOR LEGISLATIVE HISTORY : This is a new bill.

EFFECTIVE DATE : This bill would take effect immediately, provided that section 1 of the bill, which imposes the surcharge, would take effect 30 days after it becomes a law and would apply to fees received by the Department on or after such date.

S4200 Text

S T A T E O F N E W Y O R K
4200
2009-2010 Regular Sessions I N SENATE April 16, 2009
Introduced by Sen. STAVISKY -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and the state finance law, in relation to stabilizing the office of the professions account

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1. The education law is amended by adding a new section 6507-a to read as follows:


S 6507-A. REGISTRATION FEE SURCHARGE. THE COMMISSIONER IS HEREBY AUTHORIZED TO IMPOSE AND COLLECT A FIFTEEN PERCENT SURCHARGE, ROUNDED UPWARD TO THE NEAREST DOLLAR, ON ANY PROFESSIONAL REGISTRATION FEE IMPOSED UNDER THIS TITLE THAT IS SUBJECT TO DEPOSIT IN THE OFFICE OF THE PROFESSIONS ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-NNN OF THE STATE FINANCE LAW. SUCH SURCHARGE SHALL NOT BE IMPOSED ON ANY SUCH FEE DEDICATED FOR DEPOSIT IN THE PROFESSIONAL MEDICAL CONDUCT ACCOUNT.

S 2. Subdivision 2 of section 97-nnn of the state finance law, as added by section 90 of part A of chapter 436 of the laws of 1997, is amended to read as follows:
2. Notwithstanding any other law, rule or regulation to the contrary, the state comptroller is hereby authorized and directed to receive for deposit to the credit of the office of the professions account, payments relating to the responsibilities of the education department pursuant to title VIII of the education law, including fees for professional licenses and registration, penalties for professional misconduct, charg es for test administration, verification and certification of creden tials, and restoration of revoked and annulled licenses and fees related to foreign and out-of-state medical school evaluations and any other related fees, SURCHARGES and charges as established by STATUTE OR BY THE commissioner's regulations pursuant to such title. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10278-02-9
S. 4200 2

S 3. This act shall take effect immediately, provided that section one of this act shall take effect on the thirtieth day after it shall have become a law and shall apply to fees received by the education depart ment on or after such date.

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