§ 6505-d. Evaluation of prior disciplinary history for authorization\nto practice. An applicant seeking licensure, certification, or\nauthorization pursuant to this title who has been subject to\ndisciplinary action by a duly authorized professional disciplinary\nagency of another jurisdiction solely on the basis of having engaged in\nlegally protected health activity, as defined by section 570.17 of the\ncriminal procedure law, shall not be denied such licensure,\ncertification, or authorization, unless the department determines that\nsuch action would have constituted professional misconduct in this\nstate. Provided however, that nothing in this section shall be construed\nas prohibiting the department from evaluating the conduct of such\napplicant and making a determination to be licensed, certified, or\nauthorized to practice a profession under this title.\n
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