Bill Text: NY S05623 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S05623 Detail]

Download: New_York-2019-S05623-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5623

                               2019-2020 Regular Sessions

                    IN SENATE

                                       May 9, 2019
                                       ___________

        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, said professional
    10  conduct officer, or his or her representatives, may examine  and  obtain
    11  records  of  patients or clients in connection with any investigation or
    12  proceeding by the department under this section.  Unless express consent
    13  is obtained from the patient or  client,  any  information  so  obtained
    14  shall  be  confidential and shall not be further disclosed except to the
    15  extent necessary for the proper function of the department, and the name
    16  of the patient or client may not be disclosed by the department  or  its
    17  employees  at  any stage of the proceedings unless the patient or client
    18  has expressly consented. Any other use or dissemination  of  information
    19  from such records by any person by any means, unless it is pursuant to a
    20  valid court order or otherwise authorized by law, shall be prohibited;
    21    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09297-01-9