§ 6510. Proceedings in cases of professional misconduct. In cases of\nprofessional misconduct the proceedings shall be as follows:\n 1. Preliminary procedures.\n a. Complaint. A complaint of a licensee's professional misconduct may\nbe made by any person to the education department.\n b. Investigation. The department shall investigate each complaint\nwhich alleges conduct constituting professional misconduct. The results\nof the investigation shall be referred to the professional conduct\nofficer designated by the board of regents pursuant to section\nsixty-five hundred six of this article. If such officer decides that\nthere is not substantial evidence of professional misconduct or that\nfurther proceedings are not warranted, no further action shall be taken.\nIf such officer, after consultation with a professional member of the\napplicable state board for the profession, determines that there is\nsubstantial evidence of professional misconduct, and that further\nproceedings are warranted, such proceedings shall be conducted pursuant\nto this section. If the complaint involves a question of professional\nexpertise, then such officer may seek, and if so shall obtain, the\nconcurrence of at least two members of a panel of three members of the\napplicable board. The department shall cause a preliminary review of\nevery report made to the department pursuant to section twenty-eight\nhundred three-e as added by chapter eight hundred sixty-six of the laws\nof nineteen hundred eighty and sections forty-four hundred five-b of the\npublic health law and three hundred fifteen of the insurance law, to\ndetermine if such report reasonably appears to reflect conduct\nwarranting further investigation pursuant to this subdivision.\n b-1. Legally protected health activities. The department shall not\ncharge a licensee, acting within their scope of practice, with\nprofessional misconduct as defined in section sixty-five hundred nine of\nthis subarticle, or cause a complaint made by any person to the\ndepartment to be investigated beyond a preliminary review, solely on the\nbasis that such licensee engaged in legally protected health activity,\nas defined by section 570.17 of the criminal procedure law. Such\npreliminary review shall determine if such report reasonably appears to\nreflect conduct warranting further investigation pursuant to this\nparagraph.\n c. Charges. In all disciplinary proceedings other than those\nterminated by an administrative warning pursuant to paragraph a of\nsubdivision two of this section, the department shall prepare the\ncharges. The charges shall state the alleged professional misconduct and\nshall state concisely the material facts but not the evidence by which\nthe charges are to be proved.\n d. Records and reports as public information. In all disciplinary\nproceedings brought pursuant to this section or in any voluntary\nsettlement of a complaint between the licensee and the department, the\ndepartment shall notify the licensee in writing that the record and\nreports of such disciplinary proceeding or of such voluntary settlement\nshall be considered matters of public information unless specifically\nexcepted in this article, or in any other law or applicable rule or\nregulation.\n e. Service of charges and notice of hearing. In order to commence\ndisciplinary proceedings under this title, service of a copy of the\ncharges and notice of hearing must be completed twenty days before the\ndate of the hearing if by personal delivery, and must be completed\ntwenty-five days before the date of the hearing if by any other method.\n f. Service of charges and of notice of hearing upon a natural person.\nPersonal service of the charges and notice of any hearing pursuant to\nsubdivision two or three of this section upon a natural person shall be\nmade by any of the following methods:\n (1) by delivery within the state to the person to be served; or\n (2) by delivery within the state to a person of suitable
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