Bill Text: NY S05791 | 2015-2016 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-15 - referred to higher education [S05791 Detail]

Download: New_York-2015-S05791-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5791
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 3, 2015
                                      ___________
       Introduced by Sen. LAVALLE -- (at request of the State Education Depart-
         ment)  --  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  desig-
    6  nee,   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 ANY INVESTIGATION OR PROCEEDING BY THE
   12  DEPARTMENT ACTING WITHIN THE SCOPE OF ITS AUTHORIZATION. UNLESS  EXPRESS
   13  CONSENT  IS  OBTAINED  FROM  THE  PATIENT  OR CLIENT, ANY INFORMATION SO
   14  OBTAINED SHALL BE CONFIDENTIAL AND SHALL NOT BE FURTHER DISCLOSED EXCEPT
   15  TO THE EXTENT NECESSARY FOR THE PROPER FUNCTION OF THE  DEPARTMENT,  AND
   16  THE NAME OF THE PATIENT OR CLIENT MAY NOT BE DISCLOSED BY THE DEPARTMENT
   17  OR  ITS  EMPLOYEES AT ANY STAGE OF THE PROCEEDINGS UNLESS THE PATIENT OR
   18  CLIENT HAS EXPRESSLY CONSENTED. ANY OTHER USE OR DISSEMINATION OF INFOR-
   19  MATION FROM SUCH RECORDS BY ANY PERSON BY ANY MEANS, UNLESS IT IS PURSU-
   20  ANT TO A VALID COURT ORDER OR OTHERWISE  AUTHORIZED  BY  LAW,  SHALL  BE
   21  PROHIBITED;
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08390-01-5