Assembly Bill A10076

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10076
 
                           I N  A S S E M B L Y
 
                             January 30, 2026
                                ___________
 
 Introduced by M. of A. LEE -- read once and referred to the Committee on
   Health
 
 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:
 
   Section  1.  Paragraphs  (a) and (c) of subdivision 9 and subdivisions
 20, 28 and 31 of section 6530 of the education law, as added by  chapter
 606  of the laws of 1991, are amended and two new subdivisions 51 and 52
 are added to read as follows:
   (a) [Being] HAS PLEADED OR BEEN FOUND GUILTY OR convicted  of  commit-
 ting an act constituting a crime under:
   (i) New York state law or,
   (ii) federal law or,
   (iii)  the  law of another jurisdiction and which, if committed within
 this state, would have constituted a crime under New York state law;
   (c) Having been found guilty in an adjudicatory proceeding of  violat-
 ing  a state or federal statute or regulation, pursuant to a final deci-
 sion or determination, and when no  appeal  is  pending,  or  after  THE
 resolution  of [the] A proceeding OR A COMPLAINT ALLEGING A VIOLATION OF
 A STATE OR FEDERAL STATUTE OR REGULATION by  stipulation  or  agreement,
 and when the violation would constitute professional misconduct pursuant
 to this section;
   20. Conduct [in the practice of medicine] which evidences moral unfit-
 ness to practice medicine;
   28.  Failing  to  respond within [thirty] TEN days to written communi-
 cations from the department of health and to make available any relevant
 records with respect to an inquiry or  complaint  about  the  licensee's
 professional  misconduct. The period of [thirty] TEN days shall commence
 on the date when such communication  was  delivered  personally  to  the
 licensee.  If the communication is sent from the department of health by
 registered or certified mail, with  return  receipt  requested,  to  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13290-01-5
 A. 10076                            2
 
 address  appearing  in the last registration, the period of [thirty] TEN
 days shall commence on the date of delivery to the  licensee,  as  indi-
 cated by the return receipt;
   31.  Willfully  harassing, abusing, or intimidating a patient [either]
 OR A PATIENT'S CAREGIVER OR SURROGATE physically or verbally;
   51. EXCEPT FOR GOOD CAUSE SHOWN, FAILING TO NOTIFY THE  DEPARTMENT  OF
 HEALTH  WITHIN  TEN CALENDAR DAYS OF HAVING BEEN CHARGED WITH A CRIME IN
 ANY JURISDICTION OR OF ANY EVENT MEETING THE DEFINITIONS OF PROFESSIONAL
 MISCONDUCT SET FORTH IN SUBDIVISION NINE OF THIS SECTION.
   52. ORAL OR WRITTEN COMMUNICATIONS OR PHYSICAL BEHAVIOR  OF  A  SEXUAL
 NATURE  IN  THE  PRACTICE  OF  MEDICINE  THAT  HAS NO LEGITIMATE MEDICAL
 PURPOSE AND/OR THAT EXPLOITS THE CURRENT OR FORMER  PRACTITIONER-PATIENT
 RELATIONSHIP  IN  A  SEXUAL  WAY.  THIS  BEHAVIOR MAY OCCUR IN PERSON OR
 VIRTUALLY AND MAY  INCLUDE  EXPRESSIONS  OF  THOUGHTS  AND  FEELINGS  OR
 GESTURES  AND  ACTIONS  THAT ARE OF A SEXUAL NATURE OR THAT A PATIENT OR
 SURROGATE MAY REASONABLY CONSTRUE AS SEXUAL.
   § 2. Subdivision 4 of section 206 of the public health law is  amended
 by adding a new paragraph (f) to read as follows:
   (F)  REQUIRE, IN WRITING, THE PRODUCTION OF ANY AND ALL RELEVANT DOCU-
 MENTS IN THE POSSESSION OR CONTROL OF AN INDIVIDUAL OR ENTITY SUBJECT TO
 AN INVESTIGATION OR INQUIRY UNDER THIS CHAPTER. UNLESS A SHORTER  PERIOD
 IS  SPECIFIED  IN  SUCH  WRITING,  AS  DETERMINED  FOR GOOD CAUSE BY THE
 COMMISSIONER, THE REQUIRED DOCUMENTS SHALL BE PRODUCED NO LATER THAN TEN
 DAYS AFTER THE DELIVERY OF THE WRITING. FAILURE BY THE SUBJECT  INDIVID-
 UAL OR ENTITY TO PRODUCE TO THE DEPARTMENT THE REQUIRED DOCUMENTS WITHIN
 THE  TEN DAY OR OTHERWISE SPECIFIED PERIOD SHALL BE A VIOLATION OR FAIL-
 URE WITHIN THE MEANING OF PARAGRAPH (D) OF THIS SUBDIVISION. EACH  ADDI-
 TIONAL DAY OF NON-PRODUCTION SHALL BE A SEPARATE VIOLATION OR FAILURE.
   § 3. Subdivision 1 of section 6502 of the education law, as amended by
 chapter 599 of the laws of 1996, is amended and two new subdivisions 1-a
 and 1-b are added to read as follows:
   1.  [A]  EXCEPT PURSUANT TO SUBDIVISION 1-A OF THIS SECTION, A license
 shall be valid during the life of the holder unless revoked, annulled or
 suspended by the board of regents [or in the case of physicians,  physi-
 cians   practicing  under  a  limited  permit,  physician's  assistants,
 specialist's assistants and medical residents, the licensee is  stricken
 from  the  roster of such licensees by the board of regents on the order
 of the state board for professional medical conduct in the department of
 health. A licensee must  register  with  the  department  and  meet  the
 requirements  prescribed in section 3-503 of the general obligations law
 to practice in this state].
   1-A. IN THE CASE OF PHYSICIANS, PHYSICIANS PRACTICING UNDER A  LIMITED
 PERMIT,  PHYSICIAN  ASSISTANTS,  SPECIALIST ASSISTANTS AND MEDICAL RESI-
 DENTS, A LICENSE SHALL BE VALID DURING THE LIFE OF THE HOLDER UNLESS:
   (A) THE LICENSEE IS STRICKEN FROM THE ROSTER OF SUCH LICENSEES BY  THE
 BOARD  OF  REGENTS  ON  THE  ORDER  OF  THE STATE BOARD FOR PROFESSIONAL
 MEDICAL CONDUCT IN THE DEPARTMENT OF HEALTH;
   (B) THE LICENSEE HAS FAILED TO REGISTER WITH THE DEPARTMENT FOR TWO OR
 MORE CONSECUTIVE REGISTRATION PERIODS, IN WHICH CASE THE LICENSEE  SHALL
 BE  IMMEDIATELY  STRICKEN FROM THE ROSTER OF SUCH LICENSEES BY THE BOARD
 OF REGENTS; OR
   (C) THE LICENSEE, UPON WRITTEN REQUEST,  RECEIVES  APPROVAL  FROM  THE
 BOARD FOR PROFESSIONAL MEDICAL CONDUCT TO RETIRE THEIR LICENSE, PROVIDED
 THEY HAVE NO PENDING DISCIPLINARY MATTERS.
 A. 10076                            3
 
   1-B.  A  LICENSEE  MUST  REGISTER  WITH  THE  DEPARTMENT  AND MEET THE
 REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS  LAW
 TO PRACTICE IN THIS STATE.
   §  4.  Section  6524  of  the education law is amended by adding a new
 subdivision 6-a to read as follows:
   (6-A) FINGERPRINTS AND  CRIMINAL  HISTORY  RECORD  CHECK:  CONSENT  TO
 SUBMISSION OF FINGERPRINTS FOR PURPOSES OF CONDUCTING A CRIMINAL HISTORY
 RECORD  CHECK. THE COMMISSIONER SHALL SUBMIT TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES TWO SETS OF FINGERPRINTS OF  APPLICANTS  FOR  LICENSURE
 PURSUANT  TO THIS ARTICLE, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES
 PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION  EIGHT
 HUNDRED  THIRTY-SEVEN  OF  THE  EXECUTIVE LAW AND ANY FEE IMPOSED BY THE
 FEDERAL BUREAU  OF  INVESTIGATION.  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  AND  THE  FEDERAL  BUREAU  OF INVESTIGATION SHALL FORWARD SUCH
 CRIMINAL HISTORY RECORD TO THE COMMISSIONER IN A TIMELY MANNER. FOR  THE
 PURPOSES  OF THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL MEAN
 A RECORD OF ALL CONVICTIONS OF CRIMES AND ANY PENDING  CRIMINAL  CHARGES
 MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
 AND  THE  FEDERAL  BUREAU  OF  INVESTIGATION.  ALL SUCH CRIMINAL HISTORY
 RECORDS SENT TO THE COMMISSIONER PURSUANT TO THIS SUBDIVISION  SHALL  BE
 CONFIDENTIAL  PURSUANT  TO  THE APPLICABLE FEDERAL AND STATE LAWS, RULES
 AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY  DISCLOSED  TO
 PERSONS OTHER THAN THE COMMISSIONER, UNLESS OTHERWISE AUTHORIZED BY LAW;
   §  5. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision
 10 of section 230 of the public health law, as amended by chapter 477 of
 the laws of 2008, is amended to read as follows:
   (C) If the director determines that the matter shall be  submitted  to
 an investigation committee, an investigation committee shall be convened
 within  [ninety  days]  ONE  YEAR  of any interview of the licensee. The
 director  shall  present  the  investigation  committee  with   relevant
 documentation  including, but not limited to: (1) a copy of the original
 complaint; (2) the report of the interviewer and the stenographic record
 if one was taken; (3) the report of any medical  or  scientific  expert;
 (4)  copies  of  reports  of  any  patient  record  reviews; and (5) the
 licensee's submissions.
   § 6. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 10  of
 section  230  of the public health law, as amended by chapter 477 of the
 laws of 2008, are amended to read as follows:
   (i) A copy of the charges and the  notice  of  the  hearing  shall  be
 served  on  the  licensee EITHER: (A) personally [by the board] at least
 thirty days before the hearing[. If  personal  service  cannot  be  made
 after due diligence and such fact is certified under oath, a copy of the
 charges  and  the notice of hearing shall be served] ; (B) by registered
 or certified mail to the licensee's [last known] CURRENT RESIDENTIAL  OR
 PRACTICE  address [by the board] MAILED at least fifteen days before the
 hearing; (C) BY REGISTERED OR CERTIFIED  MAIL  TO  THE  LICENSEE'S  MOST
 RECENT MAILING ADDRESS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO OF THE
 EDUCATION LAW OR THE LICENSEE'S MOST RECENT MAILING ADDRESS ON FILE WITH
 THE DEPARTMENT OF EDUCATION PURSUANT TO THE NOTIFICATION REQUIREMENT SET
 FORTH  IN  SUBDIVISION FIVE OF SUCH SECTION, MAILED AT LEAST THIRTY DAYS
 BEFORE THE HEARING; OR (D) BY FIRST CLASS MAIL TO AN ATTORNEY,  LICENSED
 TO PRACTICE IN THE STATE, WHO HAS APPEARED ON BEHALF OF THE LICENSEE AND
 WHO  HAS  BEEN  PROVIDED  WITH  WRITTEN AUTHORIZATION OF THE LICENSEE TO
 ACCEPT SERVICE, MAILED AT LEAST THIRTY DAYS BEFORE THE HEARING.
   (ii) The charges shall be made public,  consistent  with  subparagraph
 (iv)  of  paragraph (a) of this subdivision, [no earlier than five busi-
 A. 10076                            4

 ness days] IMMEDIATELY after they are served, and the charges  shall  be
 accompanied  by  a statement advising the licensee that such publication
 will occur; [provided, however, that] charges may be made  public  imme-
 diately upon issuance of the commissioner's order in the case of summary
 action taken pursuant to subdivision twelve of this section and no prior
 notification of such publication need be made to the licensee.
   §  7.  Paragraph  (p)  of  subdivision 10 of section 230 of the public
 health law, as amended by chapter 599 of the laws of 1996, is amended to
 read as follows:
   (p) Convictions, GUILTY PLEAS, OR BEING  FOUND  GUILTY  of  crimes  or
 administrative  violations.    EXCEPT  FOR  GOOD CAUSE SHOWN, A LICENSEE
 SHALL NOTIFY THE DEPARTMENT WITHIN TEN CALENDAR  DAYS  OF  HAVING  PLEAD
 GUILTY, BEEN FOUND GUILTY, OR BEEN CHARGED WITH A CRIME IN ANY JURISDIC-
 TION  OR OF ANY EVENT MEETING THE DEFINITIONS OF PROFESSIONAL MISCONDUCT
 SET FORTH IN SUBDIVISION NINE OF SECTION SIXTY-FIVE  HUNDRED  THIRTY  OF
 THE EDUCATION LAW. In cases of professional misconduct based solely upon
 a  violation of subdivision nine of section sixty-five hundred thirty of
 the education law, the director may direct that charges be prepared  and
 served  and  may refer the matter to a committee on professional conduct
 for its review and report of findings,  conclusions  as  to  guilt,  and
 determination. In such cases, the notice of hearing shall state that the
 licensee  shall file a written answer to each of the charges and allega-
 tions in the statement of charges no later than ten days  prior  to  the
 hearing,  and  that  any  charge  or allegation not so answered shall be
 deemed admitted, that the licensee may wish to seek the advice of  coun-
 sel  prior  to filing such answer that the licensee may file a brief and
 affidavits with the committee on professional conduct, that the licensee
 may appear personally before the committee on professional conduct,  may
 be represented by counsel and may present evidence or sworn testimony in
 [his  or  her]  THE  LICENSEE'S  behalf, and the notice may contain such
 other information as may be considered appropriate by the director.  The
 department may also present evidence or sworn testimony and file a brief
 at the hearing. A stenographic record of the hearing shall be made. Such
 evidence  or  sworn  testimony  offered to the committee on professional
 conduct shall be strictly limited to evidence and testimony relating  to
 the  nature and severity of the penalty to be imposed upon the licensee.
 Where the charges are based on the GUILTY PLEA,  FINDING  OF  GUILT,  OR
 conviction  of  state law crimes in other jurisdictions, evidence may be
 offered to the committee which would  show  that  the  [conviction]  ACT
 COMMITTED  would  not  be  a  crime  in New York state. The committee on
 professional conduct may reasonably limit the number of witnesses  whose
 testimony  will  be  received and the length of time any witness will be
 permitted to testify. The determination of the committee shall be served
 upon the licensee and the department in accordance with  the  provisions
 of  paragraph  (h) of this subdivision. A determination pursuant to this
 subdivision may be reviewed  by  the  administrative  review  board  for
 professional medical conduct.
   §  8.  Subdivision  12  of  section  230  of the public health law, as
 amended by chapter 627 of the laws of 1996, paragraph (a) as amended  by
 chapter  477 of the laws of 2008 and paragraph (b) as amended by section
 3 of part CC of chapter 57 of the laws of 2018, is amended  to  read  as
 follows:
   12.  Summary  action.  (a)  Whenever the commissioner, (i) after being
 presented with information indicating that a licensee is causing, engag-
 ing in or maintaining a condition or activity which has resulted in  the
 transmission  or  suspected  transmission,  or  is likely to lead to the
 A. 10076                            5
 
 transmission, of communicable disease as defined in the  state  sanitary
 code  or  HIV/AIDS, by the state and/or a local health department and if
 in the commissioner's opinion it would be prejudicial to  the  interests
 of  the people to delay action until an opportunity for a hearing can be
 provided in accordance with the prehearing  and  hearing  provisions  of
 this  section;  [or]  (ii) AFTER REQUIRING THAT A LICENSEE PRODUCE DOCU-
 MENTS IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED SIX  OF
 THIS ARTICLE, AND SUCH LICENSEE HAS FAILED TO PRODUCE THE REQUIRED DOCU-
 MENTS  WITHIN  TEN  DAYS, OR WITHIN SUCH SHORTER PERIOD AS MAY HAVE BEEN
 SPECIFIED IN THE COMMISSIONER'S WRITTEN DEMAND FOR DOCUMENTS;  OR  (III)
 after  an  investigation  and a recommendation by a committee on profes-
 sional conduct of the state  board  for  professional  medical  conduct,
 based  upon  a  determination that a licensee is causing, engaging in or
 maintaining a condition or activity which in the commissioner's  opinion
 constitutes  an imminent danger to the health of the people, and that it
 therefore appears to be prejudicial to the interests of  the  people  to
 delay  action  until  an  opportunity  for  a hearing can be provided in
 accordance with the prehearing and hearing provisions of  this  section;
 the  commissioner  may order the licensee, by written notice, to discon-
 tinue such dangerous condition or activity or take certain action  imme-
 diately  and  for  a period of [ninety] ONE HUNDRED TWENTY days from the
 date of service of the order. Within [ten] THIRTY days from the date  of
 service  of  the  said  order,  the state board for professional medical
 conduct shall commence and regularly schedule such  hearing  proceedings
 as  required  by this section, provided, however, that the hearing shall
 be completed within [ninety] ONE HUNDRED TWENTY  days  of  the  date  of
 service  of  the  order. To the extent that the issue of imminent danger
 can be proven without the attorney representing the  office  of  profes-
 sional  medical conduct putting in its entire case, the committee of the
 board shall first determine whether by a preponderance of  the  evidence
 the  licensee  is  causing,  engaging  in  or maintaining a condition or
 activity which constitutes an imminent  danger  to  the  health  of  the
 people.  The  attorney  representing  the office of professional medical
 conduct shall have the burden of going forward and proving by a  prepon-
 derance of the evidence that the licensee's condition, activity or prac-
 tice  constitutes  an  imminent  danger to the health of the people. The
 licensee shall have an opportunity to be heard  and  to  present  proof.
 When  both  the  office and the licensee have completed their cases with
 respect to the question of imminent danger, the committee shall promptly
 make a recommendation to the  commissioner  on  the  issue  of  imminent
 danger and determine whether the summary order should be left in effect,
 modified  or  vacated,  and  continue  the  hearing on all the remaining
 charges, if any, in accordance with paragraph (f) of subdivision ten  of
 this  section.  Within  ten  days of the committee's recommendation, the
 commissioner shall determine whether or not  to  adopt  the  committee's
 recommendations,  in whole or in part, and shall leave in effect, modify
 or vacate [his] THE summary order.  The  state  board  for  professional
 medical conduct shall make every reasonable effort to avoid any delay in
 completing  and  determining  such proceedings. If, at the conclusion of
 the hearing, (i) the hearing committee of the board finds  the  licensee
 guilty of one or more of the charges which are the basis for the summary
 order,  (ii)  the  hearing  committee  determines that the summary order
 continue, and (iii) the [ninety] ONE HUNDRED  TWENTY  day  term  of  the
 order  has not expired, the summary order shall remain in full force and
 effect until a final decision has been rendered by the committee or,  if
 A. 10076                            6
 
 review  is  sought,  by the administrative review board. A summary order
 shall be public upon issuance.
   (b)  When  a licensee has pleaded or been found guilty or convicted of
 committing an act constituting a felony under  New  York  state  law  or
 federal  law,  or  the  law  of another jurisdiction which, if committed
 within this state, would have constituted a felony under New York  state
 law,  or when a licensee has been charged with committing an act consti-
 tuting a felony under New York state or federal law or the law of anoth-
 er jurisdiction, where the licensee's alleged conduct, which, if commit-
 ted within this state, would have constituted a felony  under  New  York
 state  law,  and  in  the  commissioner's opinion the licensee's alleged
 conduct constitutes an imminent danger to the health of the  people,  or
 when  the  duly  authorized  professional disciplinary agency of another
 jurisdiction has made a finding substantially equivalent  to  a  finding
 that  the  practice  of  medicine  by  the licensee in that jurisdiction
 constitutes an imminent danger to the health of its people,  or  when  a
 licensee  has  been disciplined by a duly authorized professional disci-
 plinary agency of another jurisdiction for acts which  if  committed  in
 this  state  would  have constituted the basis for summary action by the
 commissioner pursuant to paragraph (a) of this subdivision, the  commis-
 sioner, after a recommendation by a committee of professional conduct of
 the  state  board for professional medical conduct, may order the licen-
 see, by written notice, to discontinue or refrain from practicing  medi-
 cine  in whole or in part or to take certain actions authorized pursuant
 to this title immediately. The order of the commissioner  shall  consti-
 tute  summary  action  against the licensee and become public upon issu-
 ance. The summary suspension shall remain  in  effect  until  the  final
 conclusion  of  a hearing which shall commence within ninety days of the
 date of service of the commissioner's order,  end  within  [ninety]  ONE
 HUNDRED  EIGHTY days thereafter and otherwise be held in accordance with
 paragraph (a) of this subdivision,  provided,  however,  that  when  the
 commissioner's order is based upon a finding substantially equivalent to
 a  finding  that  the  practice  of  medicine by the licensee in another
 jurisdiction constitutes an imminent danger to the health of its people,
 the hearing shall commence within thirty  days  after  the  disciplinary
 proceedings in that jurisdiction are finally concluded. If, at any time,
 the  felony  charge  is  dismissed, withdrawn or reduced to a non-felony
 charge, the commissioner's summary order shall terminate.
   § 9. Paragraph (a) of subdivision 1 of section 2803-e  of  the  public
 health law, as amended by chapter 294 of the laws of 1985, is amended to
 read as follows:
   (a)  Hospitals  and other facilities approved pursuant to this article
 shall make a report or cause a report to be made within thirty  days  of
 the  occurrence  of  any  of the following: the suspension, restriction,
 termination or curtailment of the training, employment,  association  or
 professional privileges or the denial of the certification of completion
 of  training  of  an  individual  licensed pursuant to the provisions of
 title eight of the education law or of  a  medical  resident  with  such
 facility  for  reasons  related in any way to alleged mental or physical
 impairment, incompetence, malpractice or  misconduct  or  impairment  of
 patient  safety  or welfare; the voluntary or involuntary resignation or
 withdrawal of association or of privileges with such facility  to  avoid
 the imposition of disciplinary measures; THE RECEIPT OF INFORMATION FROM
 ANY  ENTITY PROVIDING PERSONNEL TO PERFORM PROFESSIONAL SERVICES TO SUCH
 HOSPITAL OR FACILITY, OR NOTIFICATION BY THE HOSPITAL OR FACILITY TO ANY
 SUCH ENTITY, THAT THE ENTITY MAY NOT ASSIGN A PARTICULAR  INDIVIDUAL  TO
 A. 10076                            7
 
 PROVIDE  SUCH  SERVICES TO THE HOSPITAL OR FACILITY, FOR REASONS RELATED
 IN ANY WAY TO ALLEGED MENTAL OR PHYSICAL IMPAIRMENT, INCOMPETENCE, MALP-
 RACTICE OR MISCONDUCT OR IMPAIRMENT OF PATIENT SAFETY OR WELFARE; or the
 receipt of information which indicates that any professional licensee or
 medical  resident  has  been  convicted  of a crime; the denial of staff
 privileges to a physician if the reasons  stated  for  such  denial  are
 related to alleged mental or physical impairment, incompetence, malprac-
 tice, misconduct or impairment of patient safety or welfare.
   §  10. This act shall take effect immediately; provided, however, that
 the amendments to paragraph (a) of subdivision 10 of section 230 of  the
 public  health law made by section five of this act shall not affect the
 expiration of such paragraph and shall be deemed to expire therewith.