Grants access to patient or client records for the Board of Professional Medical Conduct for the purpose of investigation and prosecution of professional licensing and misconduct proceedings.
STATE OF NEW YORK
________________________________________________________________________
6936
2023-2024 Regular Sessions
IN SENATE
May 16, 2023
___________
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, in relation to access to patient or
client records in the investigation and prosecution of professional
licensing and misconduct proceedings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 8 of section 6506 of the education law, as
2 amended by chapter 866 of the laws of 1980, is amended to read as
3 follows:
4 (8) Designate a professional conduct officer, who shall be the chief
5 administrative officer of the office of the professions, or his or her
6 designee, in connection with professional licensing and misconduct
7 proceedings and criminal matters, such officer to be empowered to issue
8 subpoenas and administer oaths in connection with such proceedings.
9 Notwithstanding any provision of law to the contrary, such professional
10 conduct officer, or his or her representatives, may examine and obtain
11 unredacted records of patients or clients in the possession of any
12 health care facility which treated the patients or clients or the
13 professional office of a licensed professional who treated the patients
14 or clients without the consent of the patients or clients in connection
15 with any investigation or proceeding conducted by the department under
16 this title where such investigation or proceeding is in response to a
17 complaint alleging conduct constituting professional misconduct pursuant
18 to this title. Such records shall be confidential during the course of
19 such investigation and during the course of any proceeding or conference
20 conducted by the department and shall not be further disclosed to anyone
21 not authorized by the department to participate in such investigation,
22 proceeding, or conference unless express consent is obtained from the
23 patient or client. The name of such patient or client shall not be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03194-01-3
S. 6936 2
1 disclosed in any such investigation, conference, or proceeding unless
2 the patient or client has expressly consented or unless authorized by
3 law. Any other use or dissemination of information from such records by
4 any person by any means, unless it is pursuant to a valid court order or
5 otherwise authorized by law, shall be prohibited;
6 § 2. This act shall take effect immediately.
