S 8369 NY Passed One Chamber
Relates to access to patient or client records in the investigation and prosecution of professional licensing and misconduct proceedings
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Summary
This bill amends New York's education law to allow the Board of Professional Medical Conduct's professional conduct officer to access unredacted patient and client records without consent when investigating complaints of professional misconduct. The bill permits the officer to examine records held by health care facilities and licensed professionals' offices as part of misconduct investigations and proceedings. Records obtained this way must remain confidential and cannot be shared with anyone not authorized by the department to participate in the investigation, unless the patient or client explicitly consents or law authorizes disclosure. Patient and client names are protected from disclosure in investigations unless the individual consents or law permits it. Any unauthorized use or dissemination of the records is prohibited unless ordered by a court or authorized by law.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
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.
Sponsor (1)
- Toby Ann Stavisky Democratic · primary
Action history (10)
- Jun 5, 2025 REFERRED TO RULES · upper
- Jun 9, 2025 ORDERED TO THIRD READING CAL.1669 · upper
- Jun 13, 2025 RECOMMITTED TO RULES · upper
- Jan 7, 2026 REFERRED TO HIGHER EDUCATION · upper
- May 5, 2026 1ST REPORT CAL.921 · upper
- May 6, 2026 2ND REPORT CAL. · upper
- May 7, 2026 ADVANCED TO THIRD READING · upper
- May 14, 2026 PASSED SENATE · upper
- May 14, 2026 DELIVERED TO ASSEMBLY · upper
- May 14, 2026 REFERRED TO HIGHER EDUCATION · lower
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S08369 Summary: BILL NO S08369   SAME AS No Same As   SPONSOR STAVISKY   COSPNSR   MLTSPNSR   Amd §6506, Ed L   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.
Go to top S08369 Text:
STATE OF NEW YORK ________________________________________________________________________
8369
2025-2026 Regular Sessions
IN SENATE
June 5, 2025 ___________
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 Rules
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 ] such 6 chief administrative officer's designee, in connection with professional 7 licensing and misconduct proceedings and criminal matters, such officer 8 to be empowered to issue subpoenas and administer oaths in connection 9 with such proceedings . Notwithstanding any provision of law to the 10 contrary, such professional conduct officer, or such professional 11 conduct officer's representatives, may examine and obtain unredacted 12 records of patients or clients in the possession of any health care 13 facility which treated the patients or clients or the professional 14 office of a licensed professional who treated the patients or clients 15 without the consent of the patients or clients in connection with any 16 investigation or proceeding conducted by the department under this title 17 where such investigation or proceeding is in response to a complaint 18 alleging conduct constituting professional misconduct pursuant to this 19 title. Such records shall be confidential during the course of such 20 investigation and during the course of any proceeding or conference 21 conducted by the department and shall not be further disclosed to anyone 22 not authorized by the department to participate in such investigation, 23 proceeding, or conference unless express consent is obtained from the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08180-01-5
S. 8369 2
1 patient or client. The name of such patient or client shall not be 2 disclosed in any such investigation, conference, or proceeding unless 3 the patient or client has expressly consented or unless authorized by 4 law. Any other use or dissemination of information from such records by 5 any person by any means, unless it is pursuant to a valid court order or 6 otherwise authorized by law, shall be prohibited ; 7 § 2. This act shall take effect immediately.
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