S 8335: Enhances the ability of the department of health to investigate, discipline, and monitor licensed physicians, physician assistants, and specialist assistants.

  
  STATE OF NEW YORK ________________________________________________________________________ 8335 2025-2026 Regular Sessions  IN SENATE June 3, 2025 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law and the public health law, in relation to enhancing the ability of the department of health to investigate, discipline, and monitor licensed physicians, physician assistants, and specialist assistants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (c) of subdivision 9 and subdivisions 2 20, 28 and 31 of section 6530 of the education law, as added by chapter 3 606 of the laws of 1991, are amended and two new subdivisions 51 and 52 4 are added to read as follows: 5 (a) [Being] Has pleaded or been found guilty or convicted of commit- 6 ting an act constituting a crime under: 7 (i) New York state law or, 8 (ii) federal law or, 9 (iii) the law of another jurisdiction and which, if committed within 10 this state, would have constituted a crime under New York state law; 11 (c) Having been found guilty in an adjudicatory proceeding of violat- 12 ing a state or federal statute or regulation, pursuant to a final deci- 13 sion or determination, and when no appeal is pending, or after the 14 resolution of [the] a proceeding or a complaint alleging a violation of 15 a state or federal statute or regulation by stipulation or agreement, 16 and when the violation would constitute professional misconduct pursuant 17 to this section; 18 20. Conduct [in the practice of medicine] which evidences moral unfit- 19 ness to practice medicine; 20 28. Failing to respond within [thirty] ten days to written communi- 21 cations from the department of health and to make available any relevant 22 records with respect to an inquiry or complaint about the licensee's 23 professional misconduct. The period of [thirty] ten days shall commence EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13290-01-5 
 S. 8335 2 1 on the date when such communication was delivered personally to the 2 licensee. If the communication is sent from the department of health by 3 registered or certified mail, with return receipt requested, to the 4 address appearing in the last registration, the period of [thirty] ten 5 days shall commence on the date of delivery to the licensee, as indi- 6 cated by the return receipt; 7 31. Willfully harassing, abusing, or intimidating a patient [either] 8 or a patient's caregiver or surrogate physically or verbally; 9 51. Except for good cause shown, failing to notify the department of 10 health within ten calendar days of having been charged with a crime in 11 any jurisdiction or of any event meeting the definitions of professional 12 misconduct set forth in subdivision nine of this section. 13 52. Oral or written communications or physical behavior of a sexual 14 nature in the practice of medicine that has no legitimate medical 15 purpose and/or that exploits the current or former practitioner-patient 16 relationship in a sexual way. This behavior may occur in person or 17 virtually and may include expressions of thoughts and feelings or 18 gestures and actions that are of a sexual nature or that a patient or 19 surrogate may reasonably construe as sexual. 20 § 2. Subdivision 4 of section 206 of the public health law is amended 21 by adding a new paragraph (f) to read as follows: 22 (f) require, in writing, the production of any and all relevant docu- 23 ments in the possession or control of an individual or entity subject to 24 an investigation or inquiry under this chapter. Unless a shorter period 25 is specified in such writing, as determined for good cause by the 26 commissioner, the required documents shall be produced no later than ten 27 days after the delivery of the writing. Failure by the subject individ- 28 ual or entity to produce to the department the required documents within 29 the ten day or otherwise specified period shall be a violation or fail- 30 ure within the meaning of paragraph (d) of this subdivision. Each addi- 31 tional day of non-production shall be a separate violation or failure. 32 § 3. Subdivision 1 of section 6502 of the education law, as amended by 33 chapter 599 of the laws of 1996, is amended and two new subdivisions 1-a 34 and 1-b are added to read as follows: 35 1. [A] Except pursuant to subdivision 1-a of this section, a license 36 shall be valid during the life of the holder unless revoked, annulled or 37 suspended by the board of regents [or in the case of physicians, physi- 38 cians practicing under a limited permit, physician's assistants, 39 specialist's assistants and medical residents, the licensee is stricken 40 from the roster of such licensees by the board of regents on the order 41 of the state board for professional medical conduct in the department of 42 health. A licensee must register with the department and meet the 43 requirements prescribed in section 3-503 of the general obligations law 44 to practice in this state]. 45 1-a. In the case of physicians, physicians practicing under a limited 46 permit, physician assistants, specialist assistants and medical resi- 47 dents, a license shall be valid during the life of the holder unless: 48 (a) the licensee is stricken from the roster of such licensees by the 49 board of regents on the order of the state board for professional 50 medical conduct in the department of health; 51 (b) the licensee has failed to register with the department for two or 52 more consecutive registration periods, in which case the licensee shall 53 be immediately stricken from the roster of such licensees by the board 54 of regents; or 
 S. 8335 3 1 (c) the licensee, upon written request, receives approval from the 2 Board for Professional Medical Conduct to retire their license, provided 3 they have no pending disciplinary matters. 4 1-b. A licensee must register with the department and meet the 5 requirements prescribed in section 3-503 of the general obligations law 6 to practice in this state. 7 § 4. Section 6524 of the education law is amended by adding a new 8 subdivision 6-a to read as follows: 9 (6-a) Fingerprints and criminal history record check: consent to 10 submission of fingerprints for purposes of conducting a criminal history 11 record check. The commissioner shall submit to the division of criminal 12 justice services two sets of fingerprints of applicants for licensure 13 pursuant to this article, and the division of criminal justice services 14 processing fee imposed pursuant to subdivision eight-a of section eight 15 hundred thirty-seven of the executive law and any fee imposed by the 16 federal bureau of investigation. The division of criminal justice 17 services and the federal bureau of investigation shall forward such 18 criminal history record to the commissioner in a timely manner. For the 19 purposes of this section, the term "criminal history record" shall mean 20 a record of all convictions of crimes and any pending criminal charges 21 maintained on an individual by the division of criminal justice services 22 and the federal bureau of investigation. All such criminal history 23 records sent to the commissioner pursuant to this subdivision shall be 24 confidential pursuant to the applicable federal and state laws, rules 25 and regulations, and shall not be published or in any way disclosed to 26 persons other than the commissioner, unless otherwise authorized by law; 27 § 5. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision 28 10 of section 230 of the public health law, as amended by chapter 477 of 29 the laws of 2008, is amended to read as follows: 30 (C) If the director determines that the matter shall be submitted to 31 an investigation committee, an investigation committee shall be convened 32 within [ninety days] one year of any interview of the licensee. The 33 director shall present the investigation committee with relevant 34 documentation including, but not limited to: (1) a copy of the original 35 complaint; (2) the report of the interviewer and the stenographic record 36 if one was taken; (3) the report of any medical or scientific expert; 37 (4) copies of reports of any patient record reviews; and (5) the 38 licensee's submissions. 39 § 6. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 10 of 40 section 230 of the public health law, as amended by chapter 477 of the 41 laws of 2008, are amended to read as follows: 42 (i) A copy of the charges and the notice of the hearing shall be 43 served on the licensee either: (A) personally [by the board] at least 44 thirty days before the hearing[. If personal service cannot be made 45 after due diligence and such fact is certified under oath, a copy of the 46 charges and the notice of hearing shall be served] ; (B) by registered 47 or certified mail to the licensee's [last known] current residential or 48 practice address [by the board] mailed at least fifteen days before the 49 hearing; (C) by registered or certified mail to the licensee's most 50 recent mailing address pursuant to section sixty-five hundred two of the 51 education law or the licensee's most recent mailing address on file with 52 the department of education pursuant to the notification requirement set 53 forth in subdivision five of such section, mailed at least thirty days 54 before the hearing; or (D) by first class mail to an attorney, licensed 55 to practice in the state, who has appeared on behalf of the licensee and 
 S. 8335 4 1 who has been provided with written authorization of the licensee to 2 accept service, mailed at least thirty days before the hearing. 3 (ii) The charges shall be made public, consistent with subparagraph 4 (iv) of paragraph (a) of this subdivision, [no earlier than five busi- 5 ness days] immediately after they are served, and the charges shall be 6 accompanied by a statement advising the licensee that such publication 7 will occur; [provided, however, that] charges may be made public imme- 8 diately upon issuance of the commissioner's order in the case of summary 9 action taken pursuant to subdivision twelve of this section and no prior 10 notification of such publication need be made to the licensee. 11 § 7. Paragraph (p) of subdivision 10 of section 230 of the public 12 health law, as amended by chapter 599 of the laws of 1996, is amended to 13 read as follows: 14 (p) Convictions, guilty pleas, or being found guilty of crimes or 15 administrative violations. Except for good cause shown, a licensee 16 shall notify the department within ten calendar days of having plead 17 guilty, been found guilty, or been charged with a crime in any jurisdic- 18 tion or of any event meeting the definitions of professional misconduct 19 set forth in subdivision nine of section sixty-five hundred thirty of 20 the education law. In cases of professional misconduct based solely upon 21 a violation of subdivision nine of section sixty-five hundred thirty of 22 the education law, the director may direct that charges be prepared and 23 served and may refer the matter to a committee on professional conduct 24 for its review and report of findings, conclusions as to guilt, and 25 determination. In such cases, the notice of hearing shall state that the 26 licensee shall file a written answer to each of the charges and allega- 27 tions in the statement of charges no later than ten days prior to the 28 hearing, and that any charge or allegation not so answered shall be 29 deemed admitted, that the licensee may wish to seek the advice of coun- 30 sel prior to filing such answer that the licensee may file a brief and 31 affidavits with the committee on professional conduct, that the licensee 32 may appear personally before the committee on professional conduct, may 33 be represented by counsel and may present evidence or sworn testimony in 34 [his or her] the licensee's behalf, and the notice may contain such 35 other information as may be considered appropriate by the director. The 36 department may also present evidence or sworn testimony and file a brief 37 at the hearing. A stenographic record of the hearing shall be made. Such 38 evidence or sworn testimony offered to the committee on professional 39 conduct shall be strictly limited to evidence and testimony relating to 40 the nature and severity of the penalty to be imposed upon the licensee. 41 Where the charges are based on the guilty plea, finding of guilt, or 42 conviction of state law crimes in other jurisdictions, evidence may be 43 offered to the committee which would show that the [conviction] act 44 committed would not be a crime in New York state. The committee on 45 professional conduct may reasonably limit the number of witnesses whose 46 testimony will be received and the length of time any witness will be 47 permitted to testify. The determination of the committee shall be served 48 upon the licensee and the department in accordance with the provisions 49 of paragraph (h) of this subdivision. A determination pursuant to this 50 subdivision may be reviewed by the administrative review board for 51 professional medical conduct. 52 § 8. Subdivision 12 of section 230 of the public health law, as 53 amended by chapter 627 of the laws of 1996, paragraph (a) as amended by 54 chapter 477 of the laws of 2008 and paragraph (b) as amended by section 55 3 of part CC of chapter 57 of the laws of 2018, is amended to read as 56 follows: 
 S. 8335 5 1 12. Summary action. (a) Whenever the commissioner, (i) after being 2 presented with information indicating that a licensee is causing, engag- 3 ing in or maintaining a condition or activity which has resulted in the 4 transmission or suspected transmission, or is likely to lead to the 5 transmission, of communicable disease as defined in the state sanitary 6 code or HIV/AIDS, by the state and/or a local health department and if 7 in the commissioner's opinion it would be prejudicial to the interests 8 of the people to delay action until an opportunity for a hearing can be 9 provided in accordance with the prehearing and hearing provisions of 10 this section; [or] (ii) after requiring that a licensee produce docu- 11 ments in accordance with subdivision four of section two hundred six of 12 this article, and such licensee has failed to produce the required docu- 13 ments within ten days, or within such shorter period as may have been 14 specified in the commissioner's written demand for documents; or (iii) 15 after an investigation and a recommendation by a committee on profes- 16 sional conduct of the state board for professional medical conduct, 17 based upon a determination that a licensee is causing, engaging in or 18 maintaining a condition or activity which in the commissioner's opinion 19 constitutes an imminent danger to the health of the people, and that it 20 therefore appears to be prejudicial to the interests of the people to 21 delay action until an opportunity for a hearing can be provided in 22 accordance with the prehearing and hearing provisions of this section; 23 the commissioner may order the licensee, by written notice, to discon- 24 tinue such dangerous condition or activity or take certain action imme- 25 diately and for a period of [ninety] one hundred twenty days from the 26 date of service of the order. Within [ten] thirty days from the date of 27 service of the said order, the state board for professional medical 28 conduct shall commence and regularly schedule such hearing proceedings 29 as required by this section, provided, however, that the hearing shall 30 be completed within [ninety] one hundred twenty days of the date of 31 service of the order. To the extent that the issue of imminent danger 32 can be proven without the attorney representing the office of profes- 33 sional medical conduct putting in its entire case, the committee of the 34 board shall first determine whether by a preponderance of the evidence 35 the licensee is causing, engaging in or maintaining a condition or 36 activity which constitutes an imminent danger to the health of the 37 people. The attorney representing the office of professional medical 38 conduct shall have the burden of going forward and proving by a prepon- 39 derance of the evidence that the licensee's condition, activity or prac- 40 tice constitutes an imminent danger to the health of the people. The 41 licensee shall have an opportunity to be heard and to present proof. 42 When both the office and the licensee have completed their cases with 43 respect to the question of imminent danger, the committee shall promptly 44 make a recommendation to the commissioner on the issue of imminent 45 danger and determine whether the summary order should be left in effect, 46 modified or vacated, and continue the hearing on all the remaining 47 charges, if any, in accordance with paragraph (f) of subdivision ten of 48 this section. Within ten days of the committee's recommendation, the 49 commissioner shall determine whether or not to adopt the committee's 50 recommendations, in whole or in part, and shall leave in effect, modify 51 or vacate [his] the summary order. The state board for professional 52 medical conduct shall make every reasonable effort to avoid any delay in 53 completing and determining such proceedings. If, at the conclusion of 54 the hearing, (i) the hearing committee of the board finds the licensee 55 guilty of one or more of the charges which are the basis for the summary 56 order, (ii) the hearing committee determines that the summary order 
 S. 8335 6 1 continue, and (iii) the [ninety] one hundred twenty day term of the 2 order has not expired, the summary order shall remain in full force and 3 effect until a final decision has been rendered by the committee or, if 4 review is sought, by the administrative review board. A summary order 5 shall be public upon issuance. 6 (b) When a licensee has pleaded or been found guilty or convicted of 7 committing an act constituting a felony under New York state law or 8 federal law, or the law of another jurisdiction which, if committed 9 within this state, would have constituted a felony under New York state 10 law, or when a licensee has been charged with committing an act consti- 11 tuting a felony under New York state or federal law or the law of anoth- 12 er jurisdiction, where the licensee's alleged conduct, which, if commit- 13 ted within this state, would have constituted a felony under New York 14 state law, and in the commissioner's opinion the licensee's alleged 15 conduct constitutes an imminent danger to the health of the people, or 16 when the duly authorized professional disciplinary agency of another 17 jurisdiction has made a finding substantially equivalent to a finding 18 that the practice of medicine by the licensee in that jurisdiction 19 constitutes an imminent danger to the health of its people, or when a 20 licensee has been disciplined by a duly authorized professional disci- 21 plinary agency of another jurisdiction for acts which if committed in 22 this state would have constituted the basis for summary action by the 23 commissioner pursuant to paragraph (a) of this subdivision, the commis- 24 sioner, after a recommendation by a committee of professional conduct of 25 the state board for professional medical conduct, may order the licen- 26 see, by written notice, to discontinue or refrain from practicing medi- 27 cine in whole or in part or to take certain actions authorized pursuant 28 to this title immediately. The order of the commissioner shall consti- 29 tute summary action against the licensee and become public upon issu- 30 ance. The summary suspension shall remain in effect until the final 31 conclusion of a hearing which shall commence within ninety days of the 32 date of service of the commissioner's order, end within [ninety] one 33 hundred eighty days thereafter and otherwise be held in accordance with 34 paragraph (a) of this subdivision, provided, however, that when the 35 commissioner's order is based upon a finding substantially equivalent to 36 a finding that the practice of medicine by the licensee in another 37 jurisdiction constitutes an imminent danger to the health of its people, 38 the hearing shall commence within thirty days after the disciplinary 39 proceedings in that jurisdiction are finally concluded. If, at any time, 40 the felony charge is dismissed, withdrawn or reduced to a non-felony 41 charge, the commissioner's summary order shall terminate. 42 § 9. Paragraph (a) of subdivision 1 of section 2803-e of the public 43 health law, as amended by chapter 294 of the laws of 1985, is amended to 44 read as follows: 45 (a) Hospitals and other facilities approved pursuant to this article 46 shall make a report or cause a report to be made within thirty days of 47 the occurrence of any of the following: the suspension, restriction, 48 termination or curtailment of the training, employment, association or 49 professional privileges or the denial of the certification of completion 50 of training of an individual licensed pursuant to the provisions of 51 title eight of the education law or of a medical resident with such 52 facility for reasons related in any way to alleged mental or physical 53 impairment, incompetence, malpractice or misconduct or impairment of 54 patient safety or welfare; the voluntary or involuntary resignation or 55 withdrawal of association or of privileges with such facility to avoid 56 the imposition of disciplinary measures; the receipt of information from 
 S. 8335 7 1 any entity providing personnel to perform professional services to such 2 hospital or facility, or notification by the hospital or facility to any 3 such entity, that the entity may not assign a particular individual to 4 provide such services to the hospital or facility, for reasons related 5 in any way to alleged mental or physical impairment, incompetence, malp- 6 ractice or misconduct or impairment of patient safety or welfare; or the 7 receipt of information which indicates that any professional licensee or 8 medical resident has been convicted of a crime; the denial of staff 9 privileges to a physician if the reasons stated for such denial are 10 related to alleged mental or physical impairment, incompetence, malprac- 11 tice, misconduct or impairment of patient safety or welfare. 12 § 10. This act shall take effect immediately; provided, however, that 13 the amendments to paragraph (a) of subdivision 10 of section 230 of the 14 public health law made by section five of this act shall not affect the 15 expiration of such paragraph and shall be deemed to expire therewith.