senate Bill S4630

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2012 referred to higher education
delivered to assembly
passed senate
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.533
Jan 04, 2012 referred to higher education
returned to senate
died in assembly
Jun 15, 2011 referred to education
delivered to assembly
passed senate
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.513
Apr 14, 2011 referred to higher education

Votes

view votes

Apr 18, 2012 - Higher Education committee Vote

S4630
15
1
committee
15
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Higher Education committee vote details

Higher Education Committee Vote: Apr 18, 2012

nay (1)
aye wr (1)
excused (1)

May 3, 2011 - Higher Education committee Vote

S4630
16
1
committee
16
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Higher Education committee vote details

Higher Education Committee Vote: May 3, 2011

nay (1)
excused (1)

S4630 - Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6506, Ed L

S4630 - Summary

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

S4630 - Sponsor Memo

S4630 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4630

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
  Department) -- 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:

  Section 1. Subdivision 8 of section 6506  of  the  education  law,  as
amended  by  chapter  866  of  the  laws  of 1980, is amended to read as
follows:
  (8) Designate a professional conduct officer, who shall be  the  chief
administrative  officer  of the office of the professions, or his desig-
nee,  in  connection  with   professional   licensing   and   misconduct
proceedings  and criminal matters, such officer to be empowered to issue
subpoenas and administer oaths  in  connection  with  such  proceedings.
NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, SAID PROFESSIONAL
CONDUCT OFFICER, OR HIS OR HER REPRESENTATIVES, MAY EXAMINE  AND  OBTAIN
RECORDS OF PATIENTS OR CLIENTS IN ANY INVESTIGATION OR PROCEEDING BY THE
DEPARTMENT  ACTING WITHIN THE SCOPE OF ITS AUTHORIZATION. UNLESS EXPRESS
CONSENT IS OBTAINED FROM THE  PATIENT  OR  CLIENT,  ANY  INFORMATION  SO
OBTAINED SHALL BE CONFIDENTIAL AND SHALL NOT BE FURTHER DISCLOSED EXCEPT
TO  THE  EXTENT NECESSARY FOR THE PROPER FUNCTION OF THE DEPARTMENT, AND
THE NAME OF THE PATIENT OR CLIENT MAY NOT BE DISCLOSED BY THE DEPARTMENT
OR ITS EMPLOYEES AT ANY STAGE OF THE PROCEEDINGS UNLESS THE PATIENT  HAS
EXPRESSLY  CONSENTED. ANY OTHER USE OR DISSEMINATION OF INFORMATION FROM
SUCH RECORDS BY ANY PERSON BY ANY MEANS, UNLESS  IT  IS  PURSUANT  TO  A
VALID COURT ORDER OR OTHERWISE AUTHORIZED BY LAW, SHALL BE PROHIBITED;
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10232-01-1

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