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

1 Co-sponsor

• Kemp Hannon

Title of bill

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 and summary suspension of professional licenses

Purpose

This bill would enhance and strengthen the State Education Department's (SED) disciplinary process for licensed professionals.

Summary of provisions

Section 1. Requires all licensed professionals to meet moral character requirements as defined by SED; requires all licensed professionals to report to SED all criminal convictions and/or pending charges and any charges of professional misconduct in any jurisdiction and/or any adverse actions undertaken by a hospital or employer within 30 days; provides that all records submitted to SED shall remain confidential; provides that when a licensed professional reports a criminal conviction, a SED professional conduct officer can initiate an investigation of potential disciplinary action and; requires District Attorneys to provide notice to SED when a licensed professional is convicted of a crime.

Section 2. Establishes a summary suspension preceding that allows SED to temporarily suspend a professional license if such individual is causing or engaging in conduct that poses an imminent danger to the health and/or safety of the people while an investigation and hearing process takes place.

Section 3. Allows a SED professional conduct officer to examine and obtain records of patients in any investigation or proceeding by SED acting within the scope of its authorization. Any patient information obtained would remain confidential unless express consent is obtained from the patient.

Section 4. Sets for the effective date.

Justification

SED licenses and regulates 53 licensed professions in New York State. Currently, SED relies on licensed individuals to self report any criminal convictions or professional misconduct findings during each triennial re-registration period. In addition, SED has no authority to temporarily suspend an individual's professional license, even if the individual's conduct poses an imminent danger to the health and/or safety of the public.

It is critically important for the health and safety of all New Yorkers that, in the event that wrong doing or harm occurs, SED have the proper procedures in place to respond to these incidents. This legislation will help enhance and strengthen SED's disciplinary processes to ensure that harm to the public is minimized while licensed individuals receive a fair hearing process.

Legislative history

New bill.

Fiscal implications

None

Effective date

This act shall take effect on the one hundred eightieth day after it shall become law.