S 8709: Includes certain willful representations made by physicians, physician's assistants, and specialist's assistants to patients and clients, or relating to patients' and clients' private health information, as professional misconduct.

  
  STATE OF NEW YORK ________________________________________________________________________ 8709  IN SENATE January 7, 2026 ___________ Introduced by Sen. HINCHEY -- 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 professional miscon- duct by physicians, physician's assistants, and specialist's assist- ants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6530 of the education law is amended by adding six 2 new subdivisions 11-a, 23-a, 23-b, 35-a, 51 and 52 to read as follows: 3 11-a. Willfully representing unlicensed persons in a manner indicating 4 to patients or clients that such unlicensed persons are licensed; 5 23-a. Willfully representing to patients or clients that a facility 6 requires private health information from such patients, including but 7 not limited to information protected by the federal health insurance 8 portability and accountability act, when a reasonable licensee would not 9 consider such information necessary for performance of the services 10 provided at such facility; 11 23-b. Willfully representing that patients or clients' private health 12 information is protected by binding rules providing for privacy and 13 security of such information; including but not limited to protections 14 under the federal health insurance portability and accountability act, 15 when such information is not subject to such protections; 16 35-a. Willfully representing to patients or clients that an examina- 17 tion or test is being conducted or interpreted for diagnostic or treat- 18 ment purposes when such test is not being performed for such purposes; 19 51. Willfully representing to patients or clients that the facility in 20 which the licensee is practicing is licensed under New York state law to 21 diagnose, treat, operate, or prescribe for any human disease, pain, 22 injury, deformity or physical condition when such facility is not 23 licensed to do so. 24 52. Willfully representing to patients or clients that the facility in 25 which the licensee is practicing is subject to the sanitation or safety 26 standards of a facility licensed under New York state law when such 27 facility is not subject to such standards. 28 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14301-01-5