Senate Bill S6936

2023-2024 Legislative Session

Relates to access to patient or client records in the investigation and prosecution of professional licensing and misconduct proceedings

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S6936 (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6506, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5623
2021-2022: S6518

2023-S6936 (ACTIVE) - Summary

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.

2023-S6936 (ACTIVE) - Sponsor Memo

2023-S6936 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6936
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Subdivision 8 of section 6506  of  the  education  law,  as
 amended  by  chapter  866  of  the  laws  of 1980, is amended to read as
 follows:
   (8) Designate a professional conduct officer, who shall be  the  chief
 administrative  officer  of the office of the professions, or his OR HER
 designee, in  connection  with  professional  licensing  and  misconduct
 proceedings  and criminal matters, such officer to be empowered to issue
 subpoenas and administer oaths  in  connection  with  such  proceedings.
 NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, SUCH PROFESSIONAL
 CONDUCT OFFICER, OR HIS OR HER REPRESENTATIVES, MAY EXAMINE  AND  OBTAIN
 UNREDACTED  RECORDS  OF  PATIENTS  OR  CLIENTS  IN THE POSSESSION OF ANY
 HEALTH CARE FACILITY WHICH  TREATED  THE  PATIENTS  OR  CLIENTS  OR  THE
 PROFESSIONAL  OFFICE OF A LICENSED PROFESSIONAL WHO TREATED THE PATIENTS
 OR CLIENTS WITHOUT THE CONSENT OF THE PATIENTS OR CLIENTS IN  CONNECTION
 WITH  ANY  INVESTIGATION OR PROCEEDING CONDUCTED BY THE DEPARTMENT UNDER
 THIS TITLE WHERE SUCH INVESTIGATION OR PROCEEDING IS IN  RESPONSE  TO  A
 COMPLAINT ALLEGING CONDUCT CONSTITUTING PROFESSIONAL MISCONDUCT PURSUANT
 TO  THIS  TITLE. SUCH RECORDS SHALL BE CONFIDENTIAL DURING THE COURSE OF
 SUCH INVESTIGATION AND DURING THE COURSE OF ANY PROCEEDING OR CONFERENCE
 CONDUCTED BY THE DEPARTMENT AND SHALL NOT BE FURTHER DISCLOSED TO ANYONE
 NOT AUTHORIZED BY THE DEPARTMENT TO PARTICIPATE IN  SUCH  INVESTIGATION,
 PROCEEDING,  OR  CONFERENCE  UNLESS EXPRESS CONSENT IS OBTAINED FROM THE
 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
              

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