NY State Senate Bill 2025-S8325A

Senate Bill S8325A

2025-2026 Legislative Session

Provides guidelines, corrective actions, and transparency, and to reconfigure the composition of committees of professional conduct within the office of professional medical conduct

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2025	print number 8325a
Jun 03, 2025	amend and recommit to rules
Jun 02, 2025	referred to rules

Bill Amendments

Original

A (Active)

2025-S8325 - Details

See Assembly Version of this Bill:: A8828
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §6530, Ed L; add §230-f, amd §230, Pub Health L

2025-S8325 - Summary

Provides guidelines, corrective actions, and transparency, and reconfigures the composition of committees of professional conduct within the office of professional medical conduct; adds penalties for certain sexual misconduct-related violations by medical professionals.

2025-S8325 - Sponsor Memo

                                 
BILL NUMBER: S8325

SPONSOR: BYNOE
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to providing guidelines, corrective actions, and transparency, and to
reconfigure the composition of committees of professional conduct within
the office of professional medical conduct

 
PURPOSE OR GENERAL IDEA OF BILL:

To create guidelines for penalties and actions taken by the Office of
Professional Medical Conduct, adjust the composition of any committees
of professional conduct which shall investigate a complaint made to the
Office of Professional Medical Conduct, to require licensees under
investigation to disclose if they have been indicted, convicted or
subject to disciplinary proceedings in any other state, to require post-
ing of penalties and actions taken by the Office of Professional Medical
conduct online, and to require medical facilities to provide pertinent
contact information for the Office of Professional Medical Contact to
patients.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides the legislative intent of this bill.

Section 2 adds sexual impropriety, physical sexual contact and offering
to provide practice-related services in exchange for sexual favors to
the list of professional misconduct prohibited under Section 6530 of the
Education Law

Section 3 creates a new section 230-H of the Public Health Law to
outline maximum and minimum guidelines for specific violations of
professional misconduct as outlined in Section 6530 of the Education
Law.

Section 4 amends Subdivision 1 of Section 230 of the Public Health Law
to change the composition of the Office of Professional Medical Conduct,
to increase the number of lay persons and to include lay members who
hold a doctoral degree or a master's in public health.  This section
also prohibits physician members from being on the board if they have
had any prior disciplinary action taken against them.

Section 5 amends Subdivision 6 of Section 230 of the Public Health Law
to change the composition of committees of professional conduct to
consist of one physician and two lay members, one of whom shall hold a
doctoral degree or a Master's in Public Health.

Section 6 amends Subdivision 7 of Section 230 of the Public Health Law
and paragraph b of subdivision 10 of Section 230 of the Public Health
Law to require licensees undergoing disciplinary proceedings to inform
the committee on professional conduct if they have a license in another
jurisdiction and any disciplinary proceedings made against them in those
jurisdictions.

Section 7 amends paragraph (h) of subdivision 11 of Section 230 of the
Public Health Law to set a standard size for signage, require pertinent
contact information to be provided by medical facilities to patients in
a self-attestation form, including QR codes or links to the Office of
Professional Medical Conduct's website, and to require posting of any
actions or penalties against a licensee on the Department of Health and
the Office's website.

Section 8 requires licensees who are indicted for a criminal offense,
arrested with probable or reasonable cause, or were found to have suffi-
cient evidence by a professional disciplinary agency to conduct a review
to notify the State Office of Professional Medical Conduct of the
action.

Section 9 sets the effective date for this legislation

 
JUSTIFICATION:

On May 15, 2025, Newsday published "Broken Practice: Doctor misconduct
on Long Island" a two-year investigation that found that forty-six
doctors on Long Island were allowed to practice freely for months or
years despite criminal convictions including fraud, sexual abuse, the
illegal dispensing of opioids, violations of the Americans with Disabil-
ities Act, and gross incompetence.

Many other States, including Arizona, Maine, Maryland and Ohio have
established guidelines for the issuance of penalties for violations of
professional medical misconduct, but in New York the Office of Profes-
sional Medical Conduct does not have a framework outlining the maximum
and minimum penalties or actions available for any given violation of
professional misconduct. In addition, there is no responsibility for any
committee of professional conduct to investigate if a licensee who prac-
ticed medicine in another jurisdiction, state or territory had any
disciplinary actions taken against them.

As to provide more balance and different areas of expertise to any
committee on professional conduct, this bill increases the number of lay
members on the board, to specifically include individuals who hold a
doctoral degree or a master's in public health.

Finally, this bill strengthens reporting and transparency requirements
by requiring medical facilities to provide pertinent contact information
for the Office of Professional Medical Conduct to patients in a self-
attestation form as deemed appropriate by the Department of Health and
to require penalties or actions against licensees to be posted online
within ten days of any final determination in order to increase aware-
ness of the Office of Professional Medical Conduct.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None directly to the State.

 
EFFECTIVE DATE:
This act shall take effect on the one-hundred and eightieth day after it
shall have become a law.

2025-S8325 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8325
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2025
                                ___________
 
 Introduced  by  Sen.  BYNOE  -- 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 providing guidelines, corrective actions, and transparency, and  to
   reconfigure  the  composition  of  committees  of professional conduct
   within the office of professional medical conduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  On  May 15, 2025, Newsday published
 "Broken Practice:  Doctor misconduct on Long Island", a two-year  inves-
 tigation  that  found that forty-six doctors on long island were allowed
 to practice freely for months  or  years  despite  criminal  convictions
 including fraud, sexual abuse and the illegal dispensing of opioids.
   This legislature finds that the office of professional medical conduct
 currently  reviews  complaints  made against physicians to determine the
 verity of allegations of professional misconduct. Yet there is currently
 no uniform framework established in the law to outline  specific  penal-
 ties  or  actions that could be taken following the determination that a
 licensee had  violated  professional  misconduct  law.  Therefore,  this
 legislature  establishes a uniform set of legal guidelines for penalties
 and actions which can be taken  by  any  committee  to  provide  a  more
 uniform framework for the provision of justice.
   Currently,  licensees  offering to provide services for sexual favors,
 or engaging in sexual impropriety or sexual contact are  not  prohibited
 under  the  professional misconduct law. As such, this legislature finds
 that such actions should be prohibited under the law.
   Additionally, the legislature finds that to ensure a variety of  opin-
 ions  and  expertise  on the committees which investigate allegations of
 professional misconduct, to include one physician, and two lay  members,
 one  of  whom  shall  hold  a  doctor of philosophy (PhD) degree and are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13308-02-5
 S. 8325                             2

 
 currently or have previously taught medicine within an  academic  insti-
 tution's department of medicine or hold a master's in public health.
   The  legislature  holds that to increase awareness of such office that
 medical facilities should provide contact information and links to  such
 office's  website  available  to the patients through printed forms in a
 manner deemed fit by the commissioner of health.
   Finally, to provide greater transparency to  the  operations  of  such
 office,  the legislature shall require final determinations of penalties
 or actions against a licensee to be published on  the  office's  website
 and  for  notification  to  be  provided  to  the  source of the initial
 complaint within ten days of the office making any final determinations.
   § 2. Section 6530 of the education law is amended by adding three  new
 subdivisions 51, 52 and 53 to read as follows:
   51.  SEXUAL  IMPROPRIETY, INCLUDING BUT NOT LIMITED TO VERBAL OR PHYS-
 ICAL BEHAVIOR, GESTURES, OR EXPRESSIONS THAT COULD BE REASONABLY  INTER-
 PRETED  AS SEXUAL, DISRESPECTFUL OF PATIENT PRIVACY, OR SEXUALLY DEMEAN-
 ING TO A PATIENT.
   52. PHYSICAL SEXUAL CONTACT BETWEEN A LICENSEE  AND  PATIENT,  OR  ANY
 EXAMINATION  OF THE BREASTS OR GENITALS WITHOUT APPROPRIATE CONSENT FROM
 A PATIENT OR SUCH PATIENT'S SURROGATE.
   53. FOR OFFERING TO PROVIDE PRACTICE-RELATED SERVICES IN EXCHANGE  FOR
 SEXUAL FAVORS.
   § 3. The public health law is amended by adding a new section 230-f to
 read as follows:
   § 230-F. GUIDELINES FOR PENALTIES AND ACTIONS. PURSUANT TO SECTION TWO
 HUNDRED  THIRTY  OF THIS TITLE, ANY PENALTY OR ACTION AGAINST A LICENSEE
 AS DETERMINED BY THE OFFICE  OF  PROFESSIONAL  MEDICAL  CONDUCT  OR  ANY
 COMMITTEE  THEREOF  SHALL  COMPLY  WITH THE FOLLOWING MAXIMUM OR MINIMUM
 GUIDELINES FOR THE ISSUANCE OF  PENALTIES  OR  ACTIONS  ASSOCIATED  WITH
 PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THIRTY OF
 THE  EDUCATION LAW OR OTHER VIOLATIONS UNDER THIS SECTION. THE OFFICE OF
 PROFESSIONAL MEDICAL CONDUCT MAY USE ITS DISCRETION TO  MAKE  EXEMPTIONS
 TO  THIS SECTION IF AN INVESTIGATION FINDS THERE ARE UNUSUAL OR EXTRAOR-
 DINARY CIRCUMSTANCES. SUCH MAXIMUM OR MINIMUM  GUIDELINES  SHALL  BE  AS
 FOLLOWS:
   1.  FOR OBTAINING A LICENSE FRAUDULENTLY, THE MAXIMUM PENALTY SHALL BE
 REVOCATION OF A LICENSE AND THE MINIMUM PENALTY  SHALL  BE  A  REPRIMAND
 WITH  A  SUSPENSION  OF  A  LICENSE FOR UP TO TWO YEARS. ANY FINE ISSUED
 SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   2. FOR PRACTICING THE PROFESSION FRAUDULENTLY OR BEYOND ITS AUTHORIZED
 SCOPE, THE MAXIMUM PENALTY SHALL BE REVOCATION OF  A  LICENSE,  AND  THE
 MINIMUM PENALTY SHALL BE A REPRIMAND WITH SUSPENSION OF A LICENSE FOR UP
 TO  TWO  YEARS.  ANY  FINE  ISSUED  SHALL  BE  NO LESS THAN TEN THOUSAND
 DOLLARS.
   3. FOR PRACTICING THE PROFESSION WITH  NEGLIGENCE  ON  MORE  THAN  ONE
 OCCASION,  THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND THE
 MINIMUM PENALTY SHALL BE SUSPENSION OF A LICENSE FOR UP  TO  TWO  YEARS.
 ANY FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   4. FOR PRACTICING THE PROFESSION WITH GROSS NEGLIGENCE ON A PARTICULAR
 OCCASION,  THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND THE
 MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINE ISSUED SHALL BE  NO  LESS
 THAN TEN THOUSAND DOLLARS.
   5.  FOR  PRACTICING  THE PROFESSION WITH INCOMPETENCE ON MORE THAN ONE
 OCCASION, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND  THE
 MINIMUM  PENALTY  SHALL  BE  SUSPENSION  OF A LICENSE UNTIL THE LICENSEE
 S. 8325                             3
 
 COMPLETES REHABILITATION TO THE SATISFACTION  OF  THE  BOARD.  ANY  FINE
 ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   6.  FOR PRACTICING THE PROFESSION WITH GROSS INCOMPETENCE, THE MAXIMUM
 PENALTY SHALL BE REVOCATION OF A LICENSE AND THE MINIMUM  PENALTY  SHALL
 BE  SUSPENSION  OF A LICENSE UNTIL THE LICENSEE COMPLETES REHABILITATION
 TO THE SATISFACTION OF THE BOARD. ANY FINE ISSUED SHALL BE NO LESS  THAN
 TEN THOUSAND DOLLARS.
   7.  FOR  PRACTICING  THE  PROFESSION WHILE IMPAIRED BY ALCOHOL, DRUGS,
 PHYSICAL DISABILITY, OR MENTAL DISABILITY, THE MAXIMUM PENALTY SHALL  BE
 THE REVOCATION OF A LICENSE, AND THE MINIMUM PENALTY SHALL BE SUSPENSION
 OF  A  LICENSE UNTIL THE LICENSEE COMPLETES REHABILITATION TO THE SATIS-
 FACTION OF THE BOARD. ANY FINE ISSUED SHALL BE NO MORE THAN  FIVE  THOU-
 SAND DOLLARS.
   8.  FOR BEING A HABITUAL ABUSER OF ALCOHOL, OR BEING DEPENDENT ON OR A
 HABITUAL USER OF NARCOTICS, BARBITURATES,  AMPHETAMINES,  HALLUCINOGENS,
 OR  OTHER  DRUGS  HAVING  SIMILAR  EFFECTS, EXCEPT FOR A LICENSEE WHO IS
 MAINTAINED ON AN APPROVED THERAPEUTIC REGIMEN WHICH DOES NOT IMPAIR  THE
 ABILITY TO PRACTICE, OR HAVING A PSYCHIATRIC CONDITION WHICH IMPAIRS THE
 LICENSEE'S ABILITY TO PRACTICE, THE MAXIMUM PENALTY SHALL BE THE REVOCA-
 TION  OF  A  LICENSE, AND THE MINIMUM PENALTY SHALL BE A SUSPENSION OF A
 LICENSE UNTIL THE LICENSEE COMPLETES REHABILITATION TO THE  SATISFACTION
 OF  THE  BOARD.  ANY  FINE  ISSUED  SHALL  BE  NO LESS THAN TEN THOUSAND
 DOLLARS.
   9. FOR BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER
 NEW YORK STATE LAW OR FEDERAL LAW, THE PENALTY SHALL BE DETERMINED BASED
 ON THE SEVERITY AND CLASSIFICATION OF THE CRIME THE  LICENSEE  HAD  BEEN
 CONVICTED  OF UNLESS OTHERWISE NOTED, AND IN ACCORDANCE WITH THE FOLLOW-
 ING:
   (A) FOR VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT, THE MAXIMUM
 PENALTY SHALL BE REVOCATION OF A LICENSE, THE MINIMUM PENALTY  SHALL  BE
 THE  LIMITATION  OF THE LICENSE TO A SPECIFIED AREA OR TYPE OF PRACTICE.
 ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   (B) IF AN INDIVIDUAL IS CONVICTED FOR SEXUAL ABUSE OR HARASSMENT, THEN
 THE PENALTY SHALL BE REVOCATION OF A LICENSE. ANY FINES ISSUED SHALL  BE
 NO LESS THAN TEN THOUSAND DOLLARS.
   (C)  FOR  LICENSEES  WHO  ARE  CONVICTED  OF ILLEGAL DISTRIBUTION OF A
 CONTROLLED SUBSTANCE, THE MAXIMUM  PENALTY  SHALL  BE  REVOCATION  OF  A
 LICENSE,  THE MINIMUM PENALTY SHALL BE A REPRIMAND AND A SUSPENSION OF A
 LICENSE FOR UP TO THREE YEARS. ANY FINES ISSUED SHALL BE  NO  LESS  THAN
 TEN THOUSAND DOLLARS.
   10.  FOR  BEING  CONVICTED  OF  COMMITTING AN ACT CONSTITUTING A CRIME
 UNDER THE LAW OF ANOTHER JURISDICTION AND  WHICH,  IF  COMMITTED  WITHIN
 THIS  STATE,  WOULD  HAVE  CONSTITUTED A CRIME UNDER NEW YORK STATE LAW,
 DISCRETION AS TO THE PENALTIES AND ACTIONS  TAKEN  SHALL  BE  DETERMINED
 BASED  ON  THE SEVERITY AND CLASSIFICATION OF THE CRIME THE LICENSEE HAS
 BEEN CONVICTED OF.  IF  THE  LICENSEE  HAS  HAD  THEIR  MEDICAL  LICENSE
 REVOKED,  SUSPENDED  OR HAS HAD OTHER DISCIPLINARY ACTION ISSUED AGAINST
 THEM IN ANOTHER JURISDICTION THEN SUCH DISCIPLINARY  PENALTY  OR  ACTION
 SHALL  BE  EQUAL OR EQUIVALENT UNLESS OTHERWISE NOTED.  IF AN INDIVIDUAL
 HAS BEEN CONVICTED FOR CRIMES RELATED TO  SEXUAL  ABUSE  OR  HARASSMENT,
 THEN  THE  PENALTY  SHALL  BE  REVOCATION OF A LICENSE. ANY FINES ISSUED
 SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   11. FOR REFUSING TO PROVIDE PROFESSIONAL SERVICE TO A  PERSON  BECAUSE
 OF  SUCH  PERSON'S  RACE,  CREED,  COLOR OR NATIONAL ORIGIN, THE MAXIMUM
 PENALTY SHALL BE REVOCATION OF A LICENSE, AND THE MINIMUM PENALTY  SHALL
 S. 8325                             4
 
 BE  A  SUSPENSION  OF  A LICENSE. ANY FINES ISSUED SHALL BE NO LESS THAN
 FIVE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND DOLLARS.
   12. FOR PERMITTING, AIDING OR ABETTING AN UNLICENSED PERSON TO PERFORM
 ACTIVITIES  REQUIRING A LICENSE, THE MAXIMUM PENALTY SHALL BE SUSPENSION
 OF A LICENSE FOR UP TO ONE YEAR AND  THE  MINIMUM  PENALTY  SHALL  BE  A
 REPRIMAND.  ANY FINES ISSUED SHALL BE NO MORE THAN FIVE THOUSAND DOLLARS
 AND NO LESS THAN ONE THOUSAND DOLLARS.
   13. FOR PRACTICING THE PROFESSION WHILE THE LICENSE  IS  SUSPENDED  OR
 INACTIVE AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO HUNDRED THIR-
 TY  OF  THIS  TITLE, FOR VIOLATING ANY TERM OF PROBATION OR CONDITION OR
 LIMITATION IMPOSED ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIR-
 TY OF THIS TITLE, OR FOR WILLFULLY FAILING TO  REGISTER  OR  NOTIFY  THE
 DEPARTMENT OF EDUCATION OF ANY CHANGE OF NAME OR MAILING ADDRESS, OR, IF
 A  PROFESSIONAL  SERVICE  CORPORATION,  WILLFULLY FAILING TO COMPLY WITH
 SECTIONS FIFTEEN HUNDRED THREE AND FIFTEEN HUNDRED FOURTEEN OF THE BUSI-
 NESS CORPORATION LAW, OR, IF A UNIVERSITY FACULTY  PRACTICE  CORPORATION
 WILLFULLY  FAILING TO COMPLY WITH PARAGRAPHS (B), (C) AND (D) OF SECTION
 FIFTEEN HUNDRED THREE AND SECTION FIFTEEN HUNDRED FOURTEEN OF THE  BUSI-
 NESS  CORPORATION  LAW,  THE  MAXIMUM  PENALTY  SHALL BE SUSPENSION OF A
 LICENSE FOR UP TO ONE YEAR AND THE MINIMUM PENALTY SHALL BE A REPRIMAND.
 ANY FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   14. FOR A WILLFUL VIOLATION BY A LICENSEE  OF  SUBDIVISION  ELEVEN  OF
 SECTION  TWO  HUNDRED THIRTY OF THE PUBLIC HEALTH LAW, THE PENALTY SHALL
 BE REVOCATION OF A LICENSE. ANY FINE ISSUED SHALL BE NO  LESS  THAN  TEN
 THOUSAND DOLLARS.
   15. FOR A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS ARTICLE
 BY  A  PROFESSIONAL,  OR FOR A VIOLATION OF SECTION TWENTY-EIGHT HUNDRED
 THREE-D, TWENTY-EIGHT HUNDRED FIVE-K, OR SUBPARAGRAPH (II) OF  PARAGRAPH
 (H)  OF  SUBDIVISION  TEN OF SECTION TWO HUNDRED THIRTY OF THIS CHAPTER,
 THE MAXIMUM PENALTY SHALL BE REVOCATION OF A  LICENSE  AND  THE  MINIMUM
 PENALTY  SHALL BE A REPRIMAND. ANY FINE ISSUED SHALL BE NO LESS THAN TEN
 THOUSAND DOLLARS.
   16. FOR FAILURE TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION
 SEVEN, PARAGRAPH (A) OF SUBDIVISION TEN,  OR  SUBDIVISION  SEVENTEEN  OF
 SECTION  TWO  HUNDRED THIRTY OF THIS TITLE, THE MAXIMUM PENALTY SHALL BE
 REVOCATION OF A LICENSE, AND THE MINIMUM  PENALTY  SHALL  BE  A  WRITTEN
 REPRIMAND. ANY FINE ISSUED UNDER A PENALTY OR ACTION UNDER THIS SUBDIVI-
 SION  SHALL  BE  NO  LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN TEN
 THOUSAND DOLLARS.
   17. FOR A WILLFUL OR GROSSLY NEGLIGENT FAILURE TO COMPLY WITH SUBSTAN-
 TIAL PROVISIONS OF FEDERAL, STATE, OR LOCAL LAWS, RULES, OR  REGULATIONS
 GOVERNING THE PRACTICE OF MEDICINE, THE MAXIMUM PENALTY SHALL BE REVOCA-
 TION  OF  A  LICENSE  AND  THE  MINIMUM PENALTY SHALL BE SUSPENSION OF A
 LICENSE. ANY FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   18. FOR EXERCISING UNDUE  INFLUENCE  ON  THE  PATIENT,  INCLUDING  THE
 PROMOTION  OF  THE SALE OF SERVICES, GOODS, APPLIANCES, OR DRUGS IN SUCH
 MANNER AS TO EXPLOIT THE PATIENT FOR THE FINANCIAL GAIN OF THE  LICENSEE
 OR  OF  A THIRD PARTY, THE MAXIMUM PENALTY SHALL BE SUSPENSION FOR UP TO
 FIVE YEARS, THE MINIMUM PENALTY SHALL BE A REPRIMAND.  ANY  FINE  ISSUED
 SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   19.  FOR  DIRECTLY  OR  INDIRECTLY  OFFERING,  GIVING,  SOLICITING, OR
 RECEIVING OR AGREEING TO RECEIVE, ANY FEE OR OTHER CONSIDERATION  TO  OR
 FROM  A  THIRD PARTY FOR THE REFERRAL OF A PATIENT OR IN CONNECTION WITH
 THE PERFORMANCE OF PROFESSIONAL SERVICES THE MAXIMUM  PENALTY  SHALL  BE
 REVOCATION  OF  A  LICENSE AND THE MINIMUM PENALTY SHALL BE A REPRIMAND.
 ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
 S. 8325                             5
 
   20. FOR PERMITTING ANY PERSON TO SHARE IN THE  FEES  FOR  PROFESSIONAL
 SERVICES,  OTHER  THAN: A PARTNER, EMPLOYEE, ASSOCIATE IN A PROFESSIONAL
 FIRM OR CORPORATION, PROFESSIONAL SUBCONTRACTOR OR CONSULTANT AUTHORIZED
 TO PRACTICE MEDICINE, OR A LEGALLY AUTHORIZED TRAINEE  PRACTICING  UNDER
 THE  SUPERVISION  OF A LICENSEE, THE MAXIMUM PENALTY SHALL BE REVOCATION
 OF A LICENSE AND THE MINIMUM PENALTY SHALL BE  A  REPRIMAND.  ANY  FINES
 ISSUED SHALL BE NO LESS THAN FIVE THOUSAND DOLLARS.
   21.  FOR  CONDUCT  IN  THE  PRACTICE OF MEDICINE WHICH EVIDENCES MORAL
 UNFITNESS TO PRACTICE MEDICINE, THE MAXIMUM PENALTY SHALL BE  REVOCATION
 OF  A  LICENSE  AND  THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES
 ISSUED SHALL BE NO LESS THAN FIVE THOUSAND DOLLARS.
   22. FOR WILLFULLY MAKING OR FILING A FALSE REPORT, OR FAILING TO  FILE
 A REPORT REQUIRED BY LAW OR BY THE DEPARTMENT OF HEALTH OR THE EDUCATION
 DEPARTMENT,  OR WILLFULLY IMPEDING OR OBSTRUCTING SUCH FILING, OR INDUC-
 ING ANOTHER PERSON TO DO SO, THE MAXIMUM PENALTY SHALL BE REVOCATION  OF
 A  LICENSE,  THE  MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED
 SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   23. FOR FAILING TO MAKE AVAILABLE TO A PATIENT, UPON  REQUEST,  COPIES
 OF  DOCUMENTS  IN  THE  POSSESSION  OR UNDER THE CONTROL OF THE LICENSEE
 WHICH HAVE BEEN PREPARED FOR AND PAID FOR BY THE PATIENT OR CLIENT,  THE
 MAXIMUM  PENALTY  SHALL  BE  THE  SUSPENSION  OF A LICENSE FOR UP TO SIX
 MONTHS, AND THE MINIMUM PENALTY SHALL BE A WRITTEN REPRIMAND.  ANY  FINE
 ISSUED SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   24.  FOR REVEALING OF PERSONALLY IDENTIFIABLE FACTS, DATA, OR INFORMA-
 TION OBTAINED IN A PROFESSIONAL CAPACITY WITHOUT THE  PRIOR  CONSENT  OF
 THE PATIENT, EXCEPT AS AUTHORIZED OR REQUIRED BY LAW, THE MAXIMUM PENAL-
 TY  SHALL  BE  SUSPENSION, THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY
 FINE ISSUED SHALL BE NO LESS THAN ONE THOUSAND DOLLARS AND NO MORE  THAN
 TEN THOUSAND DOLLARS.
   25.  FOR PRACTICING OR OFFERING TO PRACTICE BEYOND THE SCOPE PERMITTED
 BY LAW, OR ACCEPTING AND PERFORMING PROFESSIONAL RESPONSIBILITIES  WHICH
 THE  LICENSEE  KNOWS  OR  HAS  REASON  TO KNOW THAT SUCH LICENSEE IS NOT
 COMPETENT TO PERFORM, OR PERFORMING WITHOUT ADEQUATE SUPERVISION PROFES-
 SIONAL SERVICES WHICH THE LICENSEE IS AUTHORIZED TO PERFORM  ONLY  UNDER
 THE SUPERVISION OF A LICENSED PROFESSIONAL, EXCEPT IN AN EMERGENCY SITU-
 ATION  WHERE A PERSON'S LIFE OR HEALTH IS IN DANGER, THE MAXIMUM PENALTY
 SHALL BE REVOCATION OF A LICENSE, THE MINIMUM PENALTY SHALL BE A  REPRI-
 MAND. ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   26.  FOR DELEGATING PROFESSIONAL RESPONSIBILITIES TO A PERSON WHEN THE
 LICENSEE DELEGATING SUCH RESPONSIBILITIES KNOWS OR HAS  REASON  TO  KNOW
 THAT  SUCH  PERSON  IS  NOT QUALIFIED, BY TRAINING, BY EXPERIENCE, OR BY
 LICENSURE, TO PERFORM THEM, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A
 LICENSE, THE MINIMUM PENALTY SHALL BE  A  REPRIMAND.  ANY  FINES  ISSUED
 SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   27.  FOR  PERFORMING  PROFESSIONAL  SERVICES  WHICH HAVE NOT BEEN DULY
 AUTHORIZED BY THE PATIENT OR  SUCH  PATIENT  LEGAL  REPRESENTATIVE,  THE
 MAXIMUM  PENALTY  SHALL  BE REVOCATION OF A LICENSE, THE MINIMUM PENALTY
 SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO LESS THAN  TEN  THOU-
 SAND DOLLARS.
   28.  FOR  ADVERTISING  OR  SOLICITING FOR PATRONAGE THAT IS NOT IN THE
 PUBLIC INTEREST THE MAXIMUM PENALTY SHALL BE A REPRIMAND WITH  A  TEMPO-
 RARY  SUSPENSION  OF  A  LICENSE,  THE MINIMUM SHALL BE A REPRIMAND. ANY
 FINES ISSUED SHALL BE NO MORE THAN FIVE THOUSAND DOLLARS.
   29. FOR FAILING TO RESPOND WITHIN  THIRTY  DAYS  TO  WRITTEN  COMMUNI-
 CATIONS  FROM  THE DEPARTMENT AND TO MAKE AVAILABLE ANY RELEVANT RECORDS
 WITH RESPECT TO AN INQUIRY OR COMPLAINT  ABOUT  THE  LICENSEE'S  PROFES-
 S. 8325                             6
 
 SIONAL MISCONDUCT, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE,
 THE  MINIMUM  PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO
 MORE THAN FIVE THOUSAND DOLLARS.
   30.  FOR  VIOLATING  ANY  TERM OF PROBATION OR CONDITION OR LIMITATION
 IMPOSED ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIRTY  OF  THIS
 TITLE,  THE  MAXIMUM  PENALTY  SHALL BE REVOCATION OF A LICENSE, AND THE
 MINIMUM PENALTY SHALL BE A LIMITATION ON REGISTRATION OR ISSUANCE OF ANY
 FURTHER LICENSE. ANY FINES ISSUED SHALL BE NO  LESS  THAN  TEN  THOUSAND
 DOLLARS.
   31.  FOR ABANDONING OR NEGLECTING A PATIENT UNDER AND IN NEED OF IMME-
 DIATE PROFESSIONAL CARE, THE MAXIMUM PENALTY SHALL BE  REVOCATION  OF  A
 LICENSE,  AND THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED
 SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   32. FOR WILLFULLY  HARASSING,  ABUSING,  OR  INTIMIDATING  A  PATIENT,
 EITHER  PHYSICALLY  OR VERBALLY, THE MAXIMUM PENALTY SHALL BE REVOCATION
 OF A LICENSE, AND THE MINIMUM PENALTY SHALL BE A  REPRIMAND.  ANY  FINES
 ISSUED SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   33. FOR FAILING TO MAINTAIN A RECORD FOR EACH PATIENT WHICH ACCURATELY
 REFLECTS THE EVALUATION AND TREATMENT OF THE PATIENT, OR FOR NOT RETAIN-
 ING ALL PATIENT RECORDS FOR AT LEAST SIX YEARS UNLESS OTHERWISE REQUIRED
 BY  LAW,  THE  MAXIMUM PENALTY SHALL BE SUSPENSION OF A LICENSE, AND THE
 MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO  LESS
 THAN ONE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND DOLLARS.
   34.  FOR  FAILING TO EXERCISE APPROPRIATE SUPERVISION OVER PERSONS WHO
 ARE AUTHORIZED TO PRACTICE ONLY UNDER THE SUPERVISION OF  THE  LICENSEE,
 THE MAXIMUM PENALTY SHALL BE SUSPENSION OF A LICENSE FOR UP TO ONE YEAR,
 AND  THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE
 NO MORE THAN TEN THOUSAND DOLLARS.
   35. FOR GUARANTEEING THAT SATISFACTION OR A CURE WILL RESULT FROM  THE
 PERFORMANCE OF PROFESSIONAL SERVICES, THE PENALTY SHALL BE A REPRIMAND.
   36.  FOR  ORDERING  OF EXCESSIVE TESTS, TREATMENT, OR USE OF TREATMENT
 FACILITIES NOT WARRANTED BY THE CONDITION OF THE  PATIENT,  THE  MAXIMUM
 PENALTY  SHALL BE REVOCATION OF A LICENSE, AND THE MINIMUM PENALTY SHALL
 BE REPRIMAND. ANY FINES ISSUED  SHALL  BE  NO  MORE  THAN  TEN  THOUSAND
 DOLLARS.
   37.  FOR  CLAIMING  OR USING ANY SECRET OR SPECIAL METHOD OF TREATMENT
 WHICH THE LICENSEE REFUSED TO DIVULGE TO THE DEPARTMENT OF  HEALTH,  THE
 MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND THE MINIMUM PENAL-
 TY SHALL BE REPRIMAND.  ANY FINES ISSUED SHALL BE NO MORE THAN TEN THOU-
 SAND DOLLARS.
   38. FOR FAILING TO WEAR AN IDENTIFYING BADGE, WHICH SHALL BE CONSPICU-
 OUSLY  DISPLAYED  AND  LEGIBLE,  INDICATING  THE PRACTITIONER'S NAME AND
 PROFESSIONAL TITLE AUTHORIZED PURSUANT TO TITLE EIGHT OF  THE  EDUCATION
 LAW,  WHILE PRACTICING AS AN EMPLOYEE OR OPERATOR OF A HOSPITAL, CLINIC,
 GROUP PRACTICE OR MULTI-PROFESSIONAL FACILITY, OR AT A COMMERCIAL ESTAB-
 LISHMENT OFFERING HEALTH SERVICES TO THE PUBLIC, THE PENALTY SHALL BE  A
 REPRIMAND. ANY FINES ISSUED SHALL BE NO MORE THAN ONE THOUSAND DOLLARS.
   39.  FOR ENTERING INTO AN ARRANGEMENT OR AGREEMENT WITH A PHARMACY FOR
 THE  COMPOUNDING  AND/OR  DISPENSING  OF  CODED  OR   SPECIALLY   MARKED
 PRESCRIPTIONS, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND
 THE  MINIMUM  PENALTY  SHALL BE A REPRIMAND. ANY FINE ISSUED SHALL BE NO
 LESS THAN FIVE THOUSAND DOLLARS.
   40. FOR FAILING TO POST CONSPICUOUSLY AT THE SITE OF SUCH PRACTICE THE
 NAME AND LICENSURE FIELD OF ALL OF THE PRINCIPAL PROFESSIONAL  LICENSEES
 ENGAGED  IN  THE  PRACTICE  AT  THAT  SITE, THE MAXIMUM PENALTY SHALL BE
 S. 8325                             7
 
 SUSPENSION OF A LICENSE AND THE MINIMUM PENALTY SHALL  BE  A  REPRIMAND.
 ANY FINES ISSUED SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   41.  FOR  FAILING  TO  PROVIDE  ACCESS BY QUALIFIED PERSONS TO PATIENT
 INFORMATION IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION  EIGH-
 TEEN  OF  THIS  CHAPTER,  THE  MAXIMUM  PENALTY SHALL BE SUSPENSION OF A
 LICENSE AND THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY  FINES  ISSUED
 SHALL BE NO LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND
 DOLLARS.
   42. FOR KNOWINGLY OR WILLFULLY PERFORMING A COMPLETE OR PARTIAL AUTOP-
 SY  ON  A  DECEASED PERSON WITHOUT LAWFUL AUTHORITY, THE MAXIMUM PENALTY
 SHALL BE A SUSPENSION OF A LICENSE AND THE MINIMUM PENALTY  SHALL  BE  A
 REPRIMAND.  ANY  FINES ISSUED SHALL BE NO LESS THAN ONE THOUSAND DOLLARS
 AND NO MORE THAN TEN THOUSAND DOLLARS.
   43. FOR FAILING TO COMPLY WITH A SIGNED AGREEMENT TO PRACTICE MEDICINE
 IN NEW YORK STATE IN AN AREA DESIGNATED BY THE COMMISSIONER OF EDUCATION
 AS HAVING A SHORTAGE OF PHYSICIANS OR REFUSING TO REPAY  MEDICAL  EDUCA-
 TION  COSTS  IN LIEU OF SUCH REQUIRED SERVICE, OR FAILING TO COMPLY WITH
 ANY PROVISION OF A WRITTEN AGREEMENT WITH THE STATE OR ANY  MUNICIPALITY
 WITHIN  WHICH  THE  LICENSEE  HAS  AGREED TO PROVIDE MEDICAL SERVICE, OR
 REFUSING TO REPAY FUNDS IN LIEU OF  SUCH  SERVICE  AS  CONSIDERATION  OF
 AWARDS  MADE BY THE STATE OR ANY MUNICIPALITY THEREOF FOR THE LICENSEE'S
 PROFESSIONAL EDUCATION IN MEDICINE, OR FAILING TO COMPLY WITH ANY AGREE-
 MENT ENTERED INTO TO AID THE LICENSEE'S MEDICAL EDUCATION,  THE  MAXIMUM
 PENALTY  SHALL  BE REVOCATION OF A LICENSE AND THE MINIMUM PENALTY SHALL
 BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO  LESS  THAN  FIVE  THOUSAND
 DOLLARS AND NO MORE THAN TEN THOUSAND DOLLARS.
   44.  FOR  FAILING  TO  COMPLETE  FORMS  OR  REPORTS  REQUIRED  FOR THE
 REIMBURSEMENT OF A PATIENT BY A THIRD PARTY, THE MAXIMUM  PENALTY  SHALL
 BE REVOCATION OF A LICENSE AND THE MINIMUM PENALTY SHALL BE A REPRIMAND.
 ANY FINES ISSUED SHALL BE NO LESS THAN FIVE THOUSAND DOLLARS.
   45.  FOR, IN THE PRACTICE OF PSYCHIATRY, (A) ANY PHYSICAL CONTACT OF A
 SEXUAL NATURE BETWEEN A LICENSEE AND A PATIENT EXCEPT THE USE  OF  FILMS
 OR  OTHER AUDIOVISUAL AIDS WITH INDIVIDUALS OR GROUPS IN THE DEVELOPMENT
 OF APPROPRIATE RESPONSES TO OVERCOME SEXUAL DYSFUNCTION, OR (B) IN THER-
 APY GROUPS, ACTIVITIES WHICH PROMOTE EXPLICIT  PHYSICAL  SEXUAL  CONTACT
 BETWEEN  GROUP  MEMBERS  DURING  SESSIONS,  THE MAXIMUM PENALTY SHALL BE
 REVOCATION OF A LICENSE AND THE MINIMUM PENALTY SHALL  BE  A  REPRIMAND.
 ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   46.  FOR,  IN  THE  PRACTICE  OF  OPHTHALMOLOGY,  FAILING TO PROVIDE A
 PATIENT, UPON REQUEST, WITH THE  PATIENT'S  PRESCRIPTION  INCLUDING  THE
 NAME,  ADDRESS,  AND  SIGNATURE  OF  THE  PRESCRIBER AND THE DATE OF THE
 PRESCRIPTION, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A  LICENSE  AND
 THE  MINIMUM  PENALTY  SHALL  BE  SUSPENSION  OF A LICENSE FOR UP TO SIX
 MONTHS. ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   47. FOR A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS ARTICLE
 BY A PROFESSIONAL, THE MAXIMUM PENALTY SHALL BE A LIMITATION  ON  REGIS-
 TRATION OR ISSUANCE OF ANY FURTHER LICENSE AND THE MINIMUM PENALTY SHALL
 BE  A REQUIREMENT THAT A LICENSEE PURSUE A COURSE OF EDUCATION OR TRAIN-
 ING. ANY FINES ISSUED SHALL BE NO MORE THAN TWO THOUSAND DOLLARS.
   48. FOR FAILURE TO USE SCIENTIFICALLY ACCEPTED BARRIER PRECAUTIONS AND
 INFECTION CONTROL PRACTICES AS ESTABLISHED BY THE DEPARTMENT PURSUANT TO
 SECTION TWO HUNDRED THIRTY-A OF THIS TITLE AS ADDED BY  CHAPTER  786  OF
 THE  LAWS  OF 1992, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE
 AND THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL  BE
 NO LESS THAN TEN THOUSAND DOLLARS.
 S. 8325                             8
 
   49.  FOR  A VIOLATION OF SECTION TWO HUNDRED THIRTY-D OF THIS TITLE OR
 REGULATIONS ENACTED THEREUNDER, THE MAXIMUM PENALTY SHALL BE THE SUSPEN-
 SION OF A LICENSE AND THE MINIMUM PENALTY  SHALL  BE  A  REPRIMAND.  ANY
 FINES ISSUED SHALL BE NO LESS THAN FIVE THOUSAND DOLLARS.
   50.  FOR,  EXCEPT  FOR GOOD CAUSE SHOWN, FAILING TO PROVIDE WITHIN ONE
 DAY ANY RELEVANT RECORDS OR OTHER INFORMATION REQUESTED BY THE STATE  OR
 LOCAL DEPARTMENT OF HEALTH WITH RESPECT TO AN INQUIRY INTO A REPORT OF A
 COMMUNICABLE DISEASE AS DEFINED IN THE STATE SANITARY CODE, OR HIV/AIDS,
 THE MAXIMUM PENALTY SHALL BE AN ANNULMENT OF LICENSE OR REGISTRATION AND
 THE  MINIMUM  PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO
 MORE THAN TWO THOUSAND DOLLARS.
   51. FOR PERFORMING A PELVIC EXAMINATION OR SUPERVISING THE PERFORMANCE
 OF A PELVIC EXAMINATION IN VIOLATION OF  SUBDIVISION  SEVEN  OF  SECTION
 TWENTY-FIVE HUNDRED FOUR OF THIS CHAPTER, THE MAXIMUM PENALTY SHALL BE A
 SUSPENSION  OF  A  LICENSE,  THE MINIMUM SHALL BE A REPRIMAND. ANY FINES
 ISSUED SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   52. FOR ENGAGING IN SEXUAL IMPROPRIETY, THE PENALTY SHALL  BE  REVOCA-
 TION  OF  A  LICENSE. ANY FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND
 DOLLARS.
   53. FOR PHYSICAL SEXUAL CONTACT BETWEEN A LICENSEE AND PATIENT, OR ANY
 EXAMINATION OF THE BREASTS OR GENITALS WITHOUT APPROPRIATE CONSENT  FROM
 A  PARENT OR GUARDIAN, THE PENALTY SHALL BE REVOCATION OF A LICENSE. ANY
 FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   54. FOR OFFERING TO PROVIDE PRACTICE-RELATED SERVICES IN EXCHANGE  FOR
 SEXUAL  FAVORS,  THE  PENALTY SHALL BE REVOCATION OF A LICENSE. ANY FINE
 ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   § 4. Subdivisions 1 and 6 of section 230 of  the  public  health  law,
 subdivision 1 as amended by chapter 537 of the laws of 1998 and subdivi-
 sion  6  as  amended  by chapter 266 of the laws of 1986, are amended to
 read as follows:
   1. A state board for professional medical conduct is hereby created in
 the department in matters  of  professional  misconduct  as  defined  in
 sections  sixty-five hundred thirty and sixty-five hundred thirty-one of
 the education law. Its physician  members  shall  be  appointed  by  the
 commissioner  at  least  eighty-five percent of whom shall be from among
 nominations submitted by the medical society of the state of  New  York,
 the  New  York  state osteopathic society, the New York academy of medi-
 cine, county medical societies, statewide specialty societies recognized
 by the council of medical specialty societies, and the hospital  associ-
 ation  of  New  York  state.  Its  lay members shall be appointed by the
 commissioner with the approval of the governor.  The  board  of  regents
 shall  also appoint twenty percent of the members of the board. Not less
 than [sixty-seven] THIRTY-THREE percent of the members appointed by  the
 board  of regents shall be physicians. Not less than eighty-five percent
 of the physician members appointed by the board of regents shall be from
 among nominations submitted by the medical society of the state  of  New
 York,  the  New  York state osteopathic society, the New York academy of
 medicine, county medical societies, statewide medical  societies  recog-
 nized  by  the  council of medical specialty societies, and the hospital
 association of New York state. Any failure to meet the percentage thres-
 holds stated in this subdivision shall not be grounds  for  invalidating
 any  action  by  or  on  authority of the board for professional medical
 conduct or a committee or a member thereof. The board  for  professional
 medical  conduct shall consist of not fewer than [eighteen] SEVEN physi-
 cians licensed in the state for at least five years, two of  whom  shall
 be doctors of osteopathy, AND not fewer than two of whom shall be physi-
 S. 8325                             9
 
 cians who dedicate a significant portion of their practice to the use of
 non-conventional  medical  treatments  who  may be nominated by New York
 state medical associations dedicated to the advancement of  such  treat-
 ments,  at  least  one of whom shall have expertise in palliative care[,
 and not fewer than seven lay members]. ALL PHYSICIAN MEMBERS  SHALL  NOT
 HAVE  ANY  DISCIPLINARY ACTIONS OR PENALTIES FOUND AGAINST THEM PURSUANT
 TO THIS SECTION. THE BOARD SHALL INCLUDE  NO  FEWER  THAN  EIGHTEEN  LAY
 MEMBERS,  COMPRISING  INDIVIDUALS  WHO  POSSESS  A DOCTORAL DEGREE, HAVE
 NEVER OBTAINED A MEDICAL DEGREE, AND  ARE  CURRENTLY  OR  HAVE  FORMERLY
 ENGAGED  IN  TEACHING  MEDICINE  WITHIN THE DEPARTMENT OF MEDICINE AT AN
 ACADEMIC INSTITUTION.   ALTERNATIVELY,  SUCH  LAY  MEMBERS  MAY  HOLD  A
 MASTER'S  DEGREE  IN  PUBLIC  HEALTH.  An  executive  secretary shall be
 appointed by the chairperson and shall be  a  licensed  physician.  Such
 executive  secretary  shall  not  be  a  member of the board, shall hold
 office at the pleasure of, and shall have the powers and duties assigned
 and the annual salary fixed by, the chairperson. The  chairperson  shall
 also assign such secretaries or other persons to the board as are neces-
 sary.
   6.  Any  committee  on  professional conduct appointed pursuant to the
 provisions of this section shall consist of [two physicians] ONE  PHYSI-
 CIAN  and  [one]  TWO  lay  [member]  MEMBERS,  ONE OF WHOM SHALL HOLD A
 DOCTORAL DEGREE AND ARE CURRENTLY OR HAVE FORMERLY ENGAGED  IN  TEACHING
 MEDICINE WITHIN THE DEPARTMENT OF MEDICINE AT AN ACADEMIC INSTITUTION OR
 HOLD A MASTER'S DEGREE IN PUBLIC HEALTH.
   §  5. Subdivision 7 of section 230 of the public health law is amended
 by adding a new paragraph (d) to read as follows:
   (D) A LICENSEE UNDERGOING DISCIPLINARY  PROCEEDINGS  BY  COMMITTEE  ON
 PROFESSIONAL  CONDUCT  SHALL  DISCLOSE  TO  THE COMMITTEE IF THEY HOLD A
 LICENSE TO PRACTICE MEDICINE IN  ANOTHER  JURISDICTION  OUTSIDE  OF  THE
 STATE  OF NEW YORK. IF THE LICENSEE HOLDS A LICENSE TO PRACTICE MEDICINE
 IN ANY JURISDICTION OUTSIDE OF THE STATE OF NEW YORK  THE  COMMITTEE  ON
 PROFESSIONAL  CONDUCT SHALL REVIEW THE LICENSEE'S RECORD IN THOSE JURIS-
 DICTIONS TO DETERMINE IF THE LICENSEE HAS BEEN SUBJECT  TO  DISCIPLINARY
 PROCEEDINGS  IN  ANY  OTHER  STATE, TERRITORY OR JURISDICTION WHERE THEY
 WERE LICENSED TO PRACTICE MEDICINE AND DETERMINE WHAT WAS THE OUTCOME OF
 SUCH DISCIPLINARY PROCEEDINGS.
   § 6. Paragraphs (b) and (g) of subdivision 10 of section  230  of  the
 public  health  law, paragraph (b) as amended by chapter 606 of the laws
 of 1991 and paragraph (g) as amended by chapter 477 of the laws of 2008,
 are amended to read as follows:
   (b) Charges. The charges shall state  the  substance  of  the  alleged
 professional  misconduct and shall state clearly and concisely the mate-
 rial facts but not the evidence by which the charges are to  be  proved.
 CHARGES  FILED AGAINST A LICENSEE SHALL CORRESPOND TO THE PRESCRIBED SET
 OF PENALTIES AND ACTIONS PROVIDED IN SECTION  TWO  HUNDRED  THIRTY-F  OF
 THIS TITLE.
   (g) Results of hearing. The committee shall make (1) findings of fact,
 (2) conclusions concerning the charges sustained or dismissed, and (3) a
 determination regarding charges sustained or dismissed, and in the event
 any  of the charges have been sustained, of the penalty to be imposed or
 appropriate action to be taken and the reasons  for  the  determination.
 ANY  PENALTY IMPOSED OR ACTION TO BE TAKEN MUST CORRESPOND TO THE GUIDE-
 LINES PROVIDED IN SECTION TWO HUNDRED THIRTY-F OF THIS  TITLE.  For  the
 committee  to  make  a  conclusion sustaining a charge, or determining a
 penalty or the appropriate action  to  be  taken,  two  members  of  the
 committee  must vote for such a conclusion or determination. The commit-
 S. 8325                            10
 
 tee shall issue an order based on  its  determination.  The  committee's
 findings, conclusions, determinations and order shall become public upon
 issuance.  However,  if  the time to request a review of the committee's
 determination  has  not yet expired, or if the review has been requested
 but no determination as a result of the review  has  been  issued,  such
 publication  shall include a statement advising that the licensee or the
 department may request a review of  the  committee's  determination.  No
 such  statement  is  required if (a) the time to request such review has
 expired without the filing of such request by either of the parties,  or
 (b)  the  licensee  and  the  department  both  affirmatively decline to
 request review of the committee's determination or fail to perfect  such
 review.  In  the  event  any  or  all  such  charges are dismissed, such
 dismissal shall be made public within two business days.
   § 7. Paragraph (h) of subdivision 11 of  section  230  of  the  public
 health  law,  as added by chapter 203 of the laws of 2020, is amended to
 read as follows:
   (h) (I) The office of professional medical conduct AND THE  DEPARTMENT
 shall  post  on  [its  website]  THEIR WEBSITES information on patients'
 rights and reporting options under this  subdivision  regarding  profes-
 sional  misconduct,  which  shall  specifically  include  information on
 reporting  instances  of  misconduct  involving  sexual  harassment  and
 assault.  All  physicians'  practice  settings  shall conspicuously post
 signage, visible to their  patients,  directing  such  patients  to  the
 office  of  professional medical conduct's website for information about
 their rights and how to report professional  misconduct.    ALL  SIGNAGE
 POSTED SHALL BE NO SMALLER THAN EIGHT AND A HALF INCHES BY ELEVEN INCHES
 IN SIZE.
   (II)  MEDICAL  FACILITIES SHALL PROVIDE ALL PERTINENT CONTACT INFORMA-
 TION TO THE OFFICE OF PROFESSIONAL MEDICAL  CONDUCT  TO  PATIENTS  IN  A
 SELF-ATTESTATION  FORM,  INCLUDING  ACCESS TO THEIR WEBSITE THROUGH A QR
 CODE OR LINK AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (III) WITHIN TEN DAYS OF ANY FINAL DETERMINATION APPLYING A PENALTY OR
 ACTION AGAINST A LICENSEE THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT AND
 THE DEPARTMENT SHALL POST ON THEIR WEBSITES THE  NAME,  MEDICAL  LICENSE
 NUMBER, AND THE PENALTIES OR ACTIONS IMPOSED FOR ANY LICENSEE DETERMINED
 TO HAVE COMMITTED A VIOLATION OF PROFESSIONAL MISCONDUCT.
   (IV)  IF  THE  SOURCE  OF  COMPLAINT THAT INSTIGATED THE INVESTIGATION
 PROVIDED CONTACT INFORMATION INCLUDED  AN  ELECTRONIC  MAIL  ADDRESS  IN
 THEIR INITIAL COMPLAINT, THEN THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
 SHALL  INFORM THE SOURCE OF THE COMPLAINT THROUGH ELECTRONIC MAIL OF THE
 FINAL DETERMINATION MADE IN REFERENCE TO THE COMPLAINT WITHIN TEN DAYS.
   § 8. Subdivision 11 of section 230 of the public health law is amended
 by adding a new paragraph (i) to read as follows:
   (I) ANY LICENSEE WHO IS INDICTED IN ANOTHER JURISDICTION FOR A  CRIMI-
 NAL  OFFENSE OR IS ARRESTED PURSUANT TO PROBABLE OR REASONABLE CAUSE, OR
 WHERE IT HAS BEEN DETERMINED BY A PROFESSIONAL DISCIPLINARY AGENCY  THAT
 THERE IS SUFFICIENT EVIDENCE TO CONDUCT A REVIEW OF SUCH LICENSEE, SHALL
 NOTIFY  THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT OF SUCH ACTION WITHIN
 FORTY-EIGHT HOURS.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

2025-S8325A (ACTIVE) - Details

See Assembly Version of this Bill:: A8828
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §6530, Ed L; add §230-f, amd §230, Pub Health L

2025-S8325A (ACTIVE) - Summary

2025-S8325A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8325A

SPONSOR: BYNOE
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to providing guidelines, corrective actions, and transparency, and to
reconfigure the composition of committees of professional conduct within
the office of professional medical conduct

 
PURPOSE OR GENERAL IDEA OF BILL:

To create guidelines for penalties and actions taken by the Office of
Professional Medical Conduct, adjust the composition of any committees
of professional conduct which shall investigate a complaint made to the
Office of Professional Medical Conduct, to require licensees under
investigation to disclose if they have been indicted, convicted or
subject to disciplinary proceedings in any other state, to require post-
ing of penalties and actions taken by the Office of Professional Medical
conduct online, and to require medical facilities to provide pertinent
contact information for the Office of Professional Medical Contact to
patients.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides the legislative intent of this bill.

Section 2 adds sexual impropriety, physical sexual contact and offering
to provide practice-related services in exchange for sexual favors to
the list of professional misconduct prohibited under

Section 6530 of the Education Law

Section 3 creates a new section 230-H of the Public Health Law to
outline maximum and minimum guidelines for specific violations of
professional misconduct as outlined in Section 6530 of the Education
Law.

Section 4 amends Subdivision 1 of Section 230 of the Public Health Law
to change the composition of the Office of Professional Medical Conduct,
to increase the number of lay persons and to include lay members who
hold a doctoral degree or a master's in public health.  This section
also prohibits physician members from being on the board if they have
had any prior disciplinary action taken against them.

Section 5 amends Subdivision 6 of Section 230 of the Public Health Law
to change the composition of committees of professional conduct to
consist of one physician and two lay members, one of whom shall hold a
doctoral degree or a Master's in Public Health.

Section 6 amends Subdivision 7 of Section 230 of the Public Health Law
and paragraph b of subdivision 10 of Section 230 of the Public Health
Law to require licensees undergoing disciplinary proceedings to inform
the committee on professional conduct if they have a license in another
jurisdiction and any disciplinary proceedings made against them in those
jurisdictions.

Section 7 amends paragraph (h) of subdivision 11 of Section 230 of the
Public Health Law to set a standard size for signage, require pertinent
contact information to be provided by medical facilities to patients in
a self-attestation form, including QR codes or links to the Office of
Professional Medical Conduct's website, and to require posting of any
actions or penalties against a licensee on the Department of Health and
the Office's website.

Section 8 requires licensees who are indicted for a criminal offense,
arrested with probable or reasonable cause, or were found to have suffi-
cient evidence by a professional disciplinary agency to conduct a review
to notify the State Office of Professional Medical Conduct of the
action.

Section 9 sets the effective date for this legislation

 
JUSTIFICATION:

On May 15, 2025, Newsday published "Broken Practice: Doctor misconduct
on Long Island" a two-year investigation that found that forty-six
doctors on Long Island were allowed to practice freely for months or
years despite criminal convictions including fraud, sexual abuse, the
illegal dispensing of opioids, violations of the Americans with Disabil-
ities Act, and gross incompetence.

Many other States, including Arizona, Maine, Maryland and Ohio have
established guidelines for the issuance of penalties for violations of
professional medical misconduct, but in New York the Office of Profes-
sional Medical Conduct does not have a framework outlining the maximum
and minimum penalties or actions available for any given violation of
professional misconduct. In addition, there is no responsibility for any
committee of professional conduct to investigate if a licensee who prac-
ticed medicine in another jurisdiction, state or territory had any
disciplinary actions taken against them.

As to provide more balance and different areas of expertise to any
committee on professional conduct, this bill increases the number of lay
members on the board, to specifically include individuals who hold a
doctoral degree or a master's in public health.

Finally, this bill strengthens reporting and transparency requirements
by requiring medical facilities to provide pertinent contact information
for the Office of Professional Medical Conduct to patients in a self-
attestation form as deemed appropriate by the Department of Health and
to require penalties or actions against licensees to be posted online
within ten days of any final determination in order to increase aware-
ness of the Office of Professional Medical Conduct.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None directly to the State.

 
EFFECTIVE DATE:
This act shall take effect on the one-hundred and eightieth day after it
shall have become a law.

2025-S8325A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8325--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2025
                                ___________
 
 Introduced  by  Sen.  BYNOE  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law and the public health law, in relation
   to  providing guidelines, corrective actions, and transparency, and to
   reconfigure the composition  of  committees  of  professional  conduct
   within the office of professional medical conduct
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. On  May  15,  2025,  Newsday  published
 "Broken  Practice:  Doctor misconduct on Long Island", a two-year inves-
 tigation that found that forty-six doctors on Long Island  were  allowed
 to  practice  freely  for  months  or years despite criminal convictions
 including fraud, sexual abuse and the illegal dispensing of opioids.
   This legislature finds that the office of professional medical conduct
 currently reviews complaints made against physicians  to  determine  the
 verity of allegations of professional misconduct. Yet there is currently
 no  uniform  framework established in the law to outline specific penal-
 ties or actions that could be taken following the determination  that  a
 licensee  had  violated  professional  misconduct  law.  Therefore, this
 legislature establishes a uniform set of legal guidelines for  penalties
 and  actions  which  can  be  taken  by  any committee to provide a more
 uniform framework for the provision of justice.
   Currently, licensees offering to provide services for  sexual  favors,
 or  engaging  in sexual impropriety or sexual contact are not prohibited
 under the professional misconduct law. As such, this  legislature  finds
 that such actions should be prohibited under the law.
   Additionally,  the legislature finds that to ensure a variety of opin-
 ions and expertise on the committees which  investigate  allegations  of
 professional  misconduct, to include one physician, and two lay members,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13308-04-5

 S. 8325--A                          2
 
 one of whom shall hold a doctoral  degree  and  are  currently  or  have
 previously  taught  medicine within an academic institution's department
 of medicine or hold a master's in public health.
   The  legislature  holds that to increase awareness of such office that
 medical facilities should provide contact information and links to  such
 office's  website  available  to the patients through printed forms in a
 manner deemed fit by the commissioner of health.
   Finally, to provide greater transparency to  the  operations  of  such
 office,  the legislature shall require final determinations of penalties
 or actions against a licensee to be published on  the  office's  website
 and  for  notification  to  be  provided  to  the  source of the initial
 complaint within ten days of the office making any final determinations.
   § 2. Section 6530 of the education law is amended by adding three  new
 subdivisions 51, 52 and 53 to read as follows:
   51.  SEXUAL  IMPROPRIETY, INCLUDING BUT NOT LIMITED TO VERBAL OR PHYS-
 ICAL BEHAVIOR, GESTURES, OR EXPRESSIONS THAT COULD BE REASONABLY  INTER-
 PRETED  AS SEXUAL, DISRESPECTFUL OF PATIENT PRIVACY, OR SEXUALLY DEMEAN-
 ING TO A PATIENT.
   52. PHYSICAL SEXUAL CONTACT BETWEEN A LICENSEE  AND  PATIENT,  OR  ANY
 EXAMINATION  OF THE BREASTS OR GENITALS WITHOUT APPROPRIATE CONSENT FROM
 A PATIENT OR SUCH PATIENT'S SURROGATE.
   53. FOR OFFERING TO PROVIDE PRACTICE-RELATED SERVICES IN EXCHANGE  FOR
 SEXUAL FAVORS.
   § 3. The public health law is amended by adding a new section 230-f to
 read as follows:
   § 230-F. GUIDELINES FOR PENALTIES AND ACTIONS. PURSUANT TO SECTION TWO
 HUNDRED  THIRTY  OF THIS TITLE, ANY PENALTY OR ACTION AGAINST A LICENSEE
 AS DETERMINED BY THE OFFICE  OF  PROFESSIONAL  MEDICAL  CONDUCT  OR  ANY
 COMMITTEE  THEREOF  SHALL  COMPLY  WITH THE FOLLOWING MAXIMUM OR MINIMUM
 GUIDELINES FOR THE ISSUANCE OF  PENALTIES  OR  ACTIONS  ASSOCIATED  WITH
 PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE HUNDRED THIRTY OF
 THE  EDUCATION LAW OR OTHER VIOLATIONS UNDER THIS SECTION. THE OFFICE OF
 PROFESSIONAL MEDICAL CONDUCT MAY USE ITS DISCRETION TO  MAKE  EXEMPTIONS
 TO  THIS SECTION IF AN INVESTIGATION FINDS THERE ARE UNUSUAL OR EXTRAOR-
 DINARY CIRCUMSTANCES. SUCH MAXIMUM OR MINIMUM  GUIDELINES  SHALL  BE  AS
 FOLLOWS:
   1.  FOR OBTAINING A LICENSE FRAUDULENTLY, THE MAXIMUM PENALTY SHALL BE
 REVOCATION OF A LICENSE AND THE MINIMUM PENALTY  SHALL  BE  A  REPRIMAND
 WITH  A  SUSPENSION  OF  A  LICENSE FOR UP TO TWO YEARS. ANY FINE ISSUED
 SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   2. FOR PRACTICING THE PROFESSION FRAUDULENTLY OR BEYOND ITS AUTHORIZED
 SCOPE, THE MAXIMUM PENALTY SHALL BE REVOCATION OF  A  LICENSE,  AND  THE
 MINIMUM PENALTY SHALL BE A REPRIMAND WITH SUSPENSION OF A LICENSE FOR UP
 TO  TWO  YEARS.  ANY  FINE  ISSUED  SHALL  BE  NO LESS THAN TEN THOUSAND
 DOLLARS.
   3. FOR PRACTICING THE PROFESSION WITH  NEGLIGENCE  ON  MORE  THAN  ONE
 OCCASION,  THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND THE
 MINIMUM PENALTY SHALL BE SUSPENSION OF A LICENSE FOR UP  TO  TWO  YEARS.
 ANY FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   4. FOR PRACTICING THE PROFESSION WITH GROSS NEGLIGENCE ON A PARTICULAR
 OCCASION,  THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND THE
 MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINE ISSUED SHALL BE  NO  LESS
 THAN TEN THOUSAND DOLLARS.
   5.  FOR  PRACTICING  THE PROFESSION WITH INCOMPETENCE ON MORE THAN ONE
 OCCASION, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND  THE
 MINIMUM  PENALTY  SHALL  BE  SUSPENSION  OF A LICENSE UNTIL THE LICENSEE
 S. 8325--A                          3
 
 COMPLETES REHABILITATION TO THE SATISFACTION  OF  THE  BOARD.  ANY  FINE
 ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   6.  FOR PRACTICING THE PROFESSION WITH GROSS INCOMPETENCE, THE MAXIMUM
 PENALTY SHALL BE REVOCATION OF A LICENSE AND THE MINIMUM  PENALTY  SHALL
 BE  SUSPENSION  OF A LICENSE UNTIL THE LICENSEE COMPLETES REHABILITATION
 TO THE SATISFACTION OF THE BOARD. ANY FINE ISSUED SHALL BE NO LESS  THAN
 TEN THOUSAND DOLLARS.
   7.  FOR  PRACTICING  THE  PROFESSION WHILE IMPAIRED BY ALCOHOL, DRUGS,
 PHYSICAL DISABILITY, OR MENTAL DISABILITY, THE MAXIMUM PENALTY SHALL  BE
 THE REVOCATION OF A LICENSE, AND THE MINIMUM PENALTY SHALL BE SUSPENSION
 OF  A  LICENSE UNTIL THE LICENSEE COMPLETES REHABILITATION TO THE SATIS-
 FACTION OF THE BOARD. ANY FINE ISSUED SHALL BE NO MORE THAN  FIVE  THOU-
 SAND DOLLARS.
   8.  FOR BEING A HABITUAL ABUSER OF ALCOHOL, OR BEING DEPENDENT ON OR A
 HABITUAL USER OF NARCOTICS, BARBITURATES,  AMPHETAMINES,  HALLUCINOGENS,
 OR  OTHER  DRUGS  HAVING  SIMILAR  EFFECTS, EXCEPT FOR A LICENSEE WHO IS
 MAINTAINED ON AN APPROVED THERAPEUTIC REGIMEN WHICH DOES NOT IMPAIR  THE
 ABILITY TO PRACTICE, OR HAVING A PSYCHIATRIC CONDITION WHICH IMPAIRS THE
 LICENSEE'S ABILITY TO PRACTICE, THE MAXIMUM PENALTY SHALL BE THE REVOCA-
 TION  OF  A  LICENSE, AND THE MINIMUM PENALTY SHALL BE A SUSPENSION OF A
 LICENSE UNTIL THE LICENSEE COMPLETES REHABILITATION TO THE  SATISFACTION
 OF  THE  BOARD.  ANY  FINE  ISSUED  SHALL  BE  NO LESS THAN TEN THOUSAND
 DOLLARS.
   9. FOR BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER
 NEW YORK STATE LAW OR FEDERAL LAW, THE PENALTY SHALL BE DETERMINED BASED
 ON THE SEVERITY AND CLASSIFICATION OF THE CRIME THE  LICENSEE  HAD  BEEN
 CONVICTED  OF UNLESS OTHERWISE NOTED, AND IN ACCORDANCE WITH THE FOLLOW-
 ING:
   (A) FOR VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT, THE MAXIMUM
 PENALTY SHALL BE REVOCATION OF A LICENSE, THE MINIMUM PENALTY  SHALL  BE
 THE  LIMITATION  OF THE LICENSE TO A SPECIFIED AREA OR TYPE OF PRACTICE.
 ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   (B) IF AN INDIVIDUAL IS CONVICTED FOR SEXUAL ABUSE OR HARASSMENT, THEN
 THE PENALTY SHALL BE REVOCATION OF A LICENSE. ANY FINES ISSUED SHALL  BE
 NO LESS THAN TEN THOUSAND DOLLARS.
   (C)  FOR  LICENSEES  WHO  ARE  CONVICTED  OF ILLEGAL DISTRIBUTION OF A
 CONTROLLED SUBSTANCE, THE MAXIMUM  PENALTY  SHALL  BE  REVOCATION  OF  A
 LICENSE,  THE MINIMUM PENALTY SHALL BE A REPRIMAND AND A SUSPENSION OF A
 LICENSE FOR UP TO THREE YEARS. ANY FINES ISSUED SHALL BE  NO  LESS  THAN
 TEN THOUSAND DOLLARS.
   10.  FOR  BEING  CONVICTED  OF  COMMITTING AN ACT CONSTITUTING A CRIME
 UNDER THE LAW OF ANOTHER JURISDICTION AND  WHICH,  IF  COMMITTED  WITHIN
 THIS  STATE,  WOULD  HAVE  CONSTITUTED A CRIME UNDER NEW YORK STATE LAW,
 DISCRETION AS TO THE PENALTIES AND ACTIONS  TAKEN  SHALL  BE  DETERMINED
 BASED  ON  THE SEVERITY AND CLASSIFICATION OF THE CRIME THE LICENSEE HAS
 BEEN CONVICTED OF.  IF  THE  LICENSEE  HAS  HAD  THEIR  MEDICAL  LICENSE
 REVOKED,  SUSPENDED  OR HAS HAD OTHER DISCIPLINARY ACTION ISSUED AGAINST
 THEM IN ANOTHER JURISDICTION THEN SUCH DISCIPLINARY  PENALTY  OR  ACTION
 SHALL  BE  EQUAL OR EQUIVALENT UNLESS OTHERWISE NOTED.  IF AN INDIVIDUAL
 HAS BEEN CONVICTED FOR CRIMES RELATED TO  SEXUAL  ABUSE  OR  HARASSMENT,
 THEN  THE  PENALTY  SHALL  BE  REVOCATION OF A LICENSE. ANY FINES ISSUED
 SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   11. FOR REFUSING TO PROVIDE PROFESSIONAL SERVICE TO A  PERSON  BECAUSE
 OF  SUCH  PERSON'S  RACE,  CREED,  COLOR OR NATIONAL ORIGIN, THE MAXIMUM
 PENALTY SHALL BE REVOCATION OF A LICENSE, AND THE MINIMUM PENALTY  SHALL
 S. 8325--A                          4
 
 BE  A  SUSPENSION  OF  A LICENSE. ANY FINES ISSUED SHALL BE NO LESS THAN
 FIVE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND DOLLARS.
   12. FOR PERMITTING, AIDING OR ABETTING AN UNLICENSED PERSON TO PERFORM
 ACTIVITIES  REQUIRING A LICENSE, THE MAXIMUM PENALTY SHALL BE SUSPENSION
 OF A LICENSE FOR UP TO ONE YEAR AND  THE  MINIMUM  PENALTY  SHALL  BE  A
 REPRIMAND.  ANY FINES ISSUED SHALL BE NO MORE THAN FIVE THOUSAND DOLLARS
 AND NO LESS THAN ONE THOUSAND DOLLARS.
   13. FOR PRACTICING THE PROFESSION WHILE THE LICENSE  IS  SUSPENDED  OR
 INACTIVE AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO HUNDRED THIR-
 TY  OF  THIS  TITLE, FOR VIOLATING ANY TERM OF PROBATION OR CONDITION OR
 LIMITATION IMPOSED ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIR-
 TY OF THIS TITLE, OR FOR WILLFULLY FAILING TO  REGISTER  OR  NOTIFY  THE
 DEPARTMENT OF EDUCATION OF ANY CHANGE OF NAME OR MAILING ADDRESS, OR, IF
 A  PROFESSIONAL  SERVICE  CORPORATION,  WILLFULLY FAILING TO COMPLY WITH
 SECTIONS FIFTEEN HUNDRED THREE AND FIFTEEN HUNDRED FOURTEEN OF THE BUSI-
 NESS CORPORATION LAW, OR, IF A UNIVERSITY FACULTY  PRACTICE  CORPORATION
 WILLFULLY  FAILING TO COMPLY WITH PARAGRAPHS (B), (C) AND (D) OF SECTION
 FIFTEEN HUNDRED THREE AND SECTION FIFTEEN HUNDRED FOURTEEN OF THE  BUSI-
 NESS  CORPORATION  LAW,  THE  MAXIMUM  PENALTY  SHALL BE SUSPENSION OF A
 LICENSE FOR UP TO ONE YEAR AND THE MINIMUM PENALTY SHALL BE A REPRIMAND.
 ANY FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   14. FOR A WILLFUL VIOLATION BY A LICENSEE  OF  SUBDIVISION  ELEVEN  OF
 SECTION  TWO  HUNDRED THIRTY OF THE PUBLIC HEALTH LAW, THE PENALTY SHALL
 BE REVOCATION OF A LICENSE. ANY FINE ISSUED SHALL BE NO  LESS  THAN  TEN
 THOUSAND DOLLARS.
   15. FOR A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS ARTICLE
 BY  A  PROFESSIONAL,  OR FOR A VIOLATION OF SECTION TWENTY-EIGHT HUNDRED
 THREE-D, TWENTY-EIGHT HUNDRED FIVE-K, OR SUBPARAGRAPH (II) OF  PARAGRAPH
 (H)  OF  SUBDIVISION  TEN OF SECTION TWO HUNDRED THIRTY OF THIS CHAPTER,
 THE MAXIMUM PENALTY SHALL BE REVOCATION OF A  LICENSE  AND  THE  MINIMUM
 PENALTY  SHALL BE A REPRIMAND. ANY FINE ISSUED SHALL BE NO LESS THAN TEN
 THOUSAND DOLLARS.
   16. FOR FAILURE TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION
 SEVEN, PARAGRAPH (A) OF SUBDIVISION TEN,  OR  SUBDIVISION  SEVENTEEN  OF
 SECTION  TWO  HUNDRED THIRTY OF THIS TITLE, THE MAXIMUM PENALTY SHALL BE
 REVOCATION OF A LICENSE, AND THE MINIMUM  PENALTY  SHALL  BE  A  WRITTEN
 REPRIMAND. ANY FINE ISSUED UNDER A PENALTY OR ACTION UNDER THIS SUBDIVI-
 SION  SHALL  BE  NO  LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN TEN
 THOUSAND DOLLARS.
   17. FOR A WILLFUL OR GROSSLY NEGLIGENT FAILURE TO COMPLY WITH SUBSTAN-
 TIAL PROVISIONS OF FEDERAL, STATE, OR LOCAL LAWS, RULES, OR  REGULATIONS
 GOVERNING THE PRACTICE OF MEDICINE, THE MAXIMUM PENALTY SHALL BE REVOCA-
 TION  OF  A  LICENSE  AND  THE  MINIMUM PENALTY SHALL BE SUSPENSION OF A
 LICENSE. ANY FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   18. FOR EXERCISING UNDUE  INFLUENCE  ON  THE  PATIENT,  INCLUDING  THE
 PROMOTION  OF  THE SALE OF SERVICES, GOODS, APPLIANCES, OR DRUGS IN SUCH
 MANNER AS TO EXPLOIT THE PATIENT FOR THE FINANCIAL GAIN OF THE  LICENSEE
 OR  OF  A THIRD PARTY, THE MAXIMUM PENALTY SHALL BE SUSPENSION FOR UP TO
 FIVE YEARS, THE MINIMUM PENALTY SHALL BE A REPRIMAND.  ANY  FINE  ISSUED
 SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   19.  FOR  DIRECTLY  OR  INDIRECTLY  OFFERING,  GIVING,  SOLICITING, OR
 RECEIVING OR AGREEING TO RECEIVE, ANY FEE OR OTHER CONSIDERATION  TO  OR
 FROM  A  THIRD PARTY FOR THE REFERRAL OF A PATIENT OR IN CONNECTION WITH
 THE PERFORMANCE OF PROFESSIONAL SERVICES THE MAXIMUM  PENALTY  SHALL  BE
 REVOCATION  OF  A  LICENSE AND THE MINIMUM PENALTY SHALL BE A REPRIMAND.
 ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
 S. 8325--A                          5
 
   20. FOR PERMITTING ANY PERSON TO SHARE IN THE  FEES  FOR  PROFESSIONAL
 SERVICES,  OTHER  THAN: A PARTNER, EMPLOYEE, ASSOCIATE IN A PROFESSIONAL
 FIRM OR CORPORATION, PROFESSIONAL SUBCONTRACTOR OR CONSULTANT AUTHORIZED
 TO PRACTICE MEDICINE, OR A LEGALLY AUTHORIZED TRAINEE  PRACTICING  UNDER
 THE  SUPERVISION  OF A LICENSEE, THE MAXIMUM PENALTY SHALL BE REVOCATION
 OF A LICENSE AND THE MINIMUM PENALTY SHALL BE  A  REPRIMAND.  ANY  FINES
 ISSUED SHALL BE NO LESS THAN FIVE THOUSAND DOLLARS.
   21.  FOR  CONDUCT  IN  THE  PRACTICE OF MEDICINE WHICH EVIDENCES MORAL
 UNFITNESS TO PRACTICE MEDICINE, THE MAXIMUM PENALTY SHALL BE  REVOCATION
 OF  A  LICENSE  AND  THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES
 ISSUED SHALL BE NO LESS THAN FIVE THOUSAND DOLLARS.
   22. FOR WILLFULLY MAKING OR FILING A FALSE REPORT, OR FAILING TO  FILE
 A REPORT REQUIRED BY LAW OR BY THE DEPARTMENT OF HEALTH OR THE EDUCATION
 DEPARTMENT,  OR WILLFULLY IMPEDING OR OBSTRUCTING SUCH FILING, OR INDUC-
 ING ANOTHER PERSON TO DO SO, THE MAXIMUM PENALTY SHALL BE REVOCATION  OF
 A  LICENSE,  THE  MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED
 SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   23. FOR FAILING TO MAKE AVAILABLE TO A PATIENT, UPON  REQUEST,  COPIES
 OF  DOCUMENTS  IN  THE  POSSESSION  OR UNDER THE CONTROL OF THE LICENSEE
 WHICH HAVE BEEN PREPARED FOR AND PAID FOR BY THE PATIENT OR CLIENT,  THE
 MAXIMUM  PENALTY  SHALL  BE  THE  SUSPENSION  OF A LICENSE FOR UP TO SIX
 MONTHS, AND THE MINIMUM PENALTY SHALL BE A WRITTEN REPRIMAND.  ANY  FINE
 ISSUED SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   24.  FOR REVEALING OF PERSONALLY IDENTIFIABLE FACTS, DATA, OR INFORMA-
 TION OBTAINED IN A PROFESSIONAL CAPACITY WITHOUT THE  PRIOR  CONSENT  OF
 THE PATIENT, EXCEPT AS AUTHORIZED OR REQUIRED BY LAW, THE MAXIMUM PENAL-
 TY  SHALL  BE  SUSPENSION  OF  A LICENSE, THE MINIMUM PENALTY SHALL BE A
 REPRIMAND. ANY FINE ISSUED SHALL BE NO LESS THAN  ONE  THOUSAND  DOLLARS
 AND NO MORE THAN TEN THOUSAND DOLLARS.
   25.  FOR PRACTICING OR OFFERING TO PRACTICE BEYOND THE SCOPE PERMITTED
 BY LAW, OR ACCEPTING AND PERFORMING PROFESSIONAL RESPONSIBILITIES  WHICH
 THE  LICENSEE  KNOWS  OR  HAS  REASON  TO KNOW THAT SUCH LICENSEE IS NOT
 COMPETENT TO PERFORM, OR PERFORMING WITHOUT ADEQUATE SUPERVISION PROFES-
 SIONAL SERVICES WHICH THE LICENSEE IS AUTHORIZED TO PERFORM  ONLY  UNDER
 THE SUPERVISION OF A LICENSED PROFESSIONAL, EXCEPT IN AN EMERGENCY SITU-
 ATION  WHERE A PERSON'S LIFE OR HEALTH IS IN DANGER, THE MAXIMUM PENALTY
 SHALL BE REVOCATION OF A LICENSE, THE MINIMUM PENALTY SHALL BE A  REPRI-
 MAND. ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   26.  FOR DELEGATING PROFESSIONAL RESPONSIBILITIES TO A PERSON WHEN THE
 LICENSEE DELEGATING SUCH RESPONSIBILITIES KNOWS OR HAS  REASON  TO  KNOW
 THAT  SUCH  PERSON  IS  NOT QUALIFIED, BY TRAINING, BY EXPERIENCE, OR BY
 LICENSURE, TO PERFORM THEM, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A
 LICENSE, THE MINIMUM PENALTY SHALL BE  A  REPRIMAND.  ANY  FINES  ISSUED
 SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   27.  FOR  PERFORMING  PROFESSIONAL  SERVICES  WHICH HAVE NOT BEEN DULY
 AUTHORIZED BY THE PATIENT OR HIS OR HER LEGAL REPRESENTATIVE, THE  MAXI-
 MUM  PENALTY SHALL BE REVOCATION OF A LICENSE, THE MINIMUM PENALTY SHALL
 BE A REPRIMAND. ANY FINES ISSUED SHALL BE  NO  LESS  THAN  TEN  THOUSAND
 DOLLARS.
   28.  FOR  ADVERTISING  OR  SOLICITING FOR PATRONAGE THAT IS NOT IN THE
 PUBLIC INTEREST THE MAXIMUM PENALTY SHALL BE A REPRIMAND WITH  A  TEMPO-
 RARY  SUSPENSION OF A LICENSE, THE MINIMUM PENALTY SHALL BE A REPRIMAND.
 ANY FINES ISSUED SHALL BE NO MORE THAN FIVE THOUSAND DOLLARS.
   29. FOR FAILING TO RESPOND WITHIN  THIRTY  DAYS  TO  WRITTEN  COMMUNI-
 CATIONS  FROM  THE DEPARTMENT AND TO MAKE AVAILABLE ANY RELEVANT RECORDS
 WITH RESPECT TO AN INQUIRY OR COMPLAINT  ABOUT  THE  LICENSEE'S  PROFES-
 S. 8325--A                          6
 
 SIONAL MISCONDUCT, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE,
 THE  MINIMUM  PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO
 MORE THAN FIVE THOUSAND DOLLARS.
   30.  FOR  VIOLATING  ANY  TERM OF PROBATION OR CONDITION OR LIMITATION
 IMPOSED ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIRTY  OF  THIS
 TITLE,  THE  MAXIMUM  PENALTY  SHALL BE REVOCATION OF A LICENSE, AND THE
 MINIMUM PENALTY SHALL BE A LIMITATION ON REGISTRATION OR ISSUANCE OF ANY
 FURTHER LICENSE. ANY FINES ISSUED SHALL BE NO  LESS  THAN  TEN  THOUSAND
 DOLLARS.
   31.  FOR ABANDONING OR NEGLECTING A PATIENT UNDER AND IN NEED OF IMME-
 DIATE PROFESSIONAL CARE, THE MAXIMUM PENALTY SHALL BE  REVOCATION  OF  A
 LICENSE,  AND THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED
 SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   32. FOR WILLFULLY  HARASSING,  ABUSING,  OR  INTIMIDATING  A  PATIENT,
 EITHER  PHYSICALLY  OR VERBALLY, THE MAXIMUM PENALTY SHALL BE REVOCATION
 OF A LICENSE, AND THE MINIMUM PENALTY SHALL BE A  REPRIMAND.  ANY  FINES
 ISSUED SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   33. FOR FAILING TO MAINTAIN A RECORD FOR EACH PATIENT WHICH ACCURATELY
 REFLECTS THE EVALUATION AND TREATMENT OF THE PATIENT, OR FOR NOT RETAIN-
 ING ALL PATIENT RECORDS FOR AT LEAST SIX YEARS UNLESS OTHERWISE REQUIRED
 BY  LAW,  THE  MAXIMUM PENALTY SHALL BE SUSPENSION OF A LICENSE, AND THE
 MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO  LESS
 THAN ONE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND DOLLARS.
   34.  FOR  FAILING TO EXERCISE APPROPRIATE SUPERVISION OVER PERSONS WHO
 ARE AUTHORIZED TO PRACTICE ONLY UNDER THE SUPERVISION OF  THE  LICENSEE,
 THE MAXIMUM PENALTY SHALL BE SUSPENSION OF A LICENSE FOR UP TO ONE YEAR,
 AND  THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE
 NO MORE THAN TEN THOUSAND DOLLARS.
   35. FOR GUARANTEEING THAT SATISFACTION OR A CURE WILL RESULT FROM  THE
 PERFORMANCE OF PROFESSIONAL SERVICES, THE PENALTY SHALL BE A REPRIMAND.
   36.  FOR  ORDERING  OF EXCESSIVE TESTS, TREATMENT, OR USE OF TREATMENT
 FACILITIES NOT WARRANTED BY THE CONDITION OF THE  PATIENT,  THE  MAXIMUM
 PENALTY  SHALL BE REVOCATION OF A LICENSE, AND THE MINIMUM PENALTY SHALL
 BE REPRIMAND. ANY FINES ISSUED  SHALL  BE  NO  MORE  THAN  TEN  THOUSAND
 DOLLARS.
   37.  FOR  CLAIMING  OR USING ANY SECRET OR SPECIAL METHOD OF TREATMENT
 WHICH THE LICENSEE REFUSED TO DIVULGE TO THE DEPARTMENT OF  HEALTH,  THE
 MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND THE MINIMUM PENAL-
 TY SHALL BE REPRIMAND.  ANY FINES ISSUED SHALL BE NO MORE THAN TEN THOU-
 SAND DOLLARS.
   38. FOR FAILING TO WEAR AN IDENTIFYING BADGE, WHICH SHALL BE CONSPICU-
 OUSLY  DISPLAYED  AND  LEGIBLE,  INDICATING  THE PRACTITIONER'S NAME AND
 PROFESSIONAL TITLE AUTHORIZED PURSUANT TO TITLE EIGHT OF  THE  EDUCATION
 LAW,  WHILE PRACTICING AS AN EMPLOYEE OR OPERATOR OF A HOSPITAL, CLINIC,
 GROUP PRACTICE OR MULTI-PROFESSIONAL FACILITY, OR AT A COMMERCIAL ESTAB-
 LISHMENT OFFERING HEALTH SERVICES TO THE PUBLIC, THE PENALTY SHALL BE  A
 REPRIMAND. ANY FINES ISSUED SHALL BE NO MORE THAN ONE THOUSAND DOLLARS.
   39.  FOR ENTERING INTO AN ARRANGEMENT OR AGREEMENT WITH A PHARMACY FOR
 THE  COMPOUNDING  AND/OR  DISPENSING  OF  CODED  OR   SPECIALLY   MARKED
 PRESCRIPTIONS, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE, AND
 THE  MINIMUM  PENALTY  SHALL BE A REPRIMAND. ANY FINE ISSUED SHALL BE NO
 LESS THAN FIVE THOUSAND DOLLARS.
   40. FOR FAILING TO POST CONSPICUOUSLY AT THE SITE OF SUCH PRACTICE THE
 NAME AND LICENSURE FIELD OF ALL OF THE PRINCIPAL PROFESSIONAL  LICENSEES
 ENGAGED  IN  THE  PRACTICE  AT  THAT  SITE, THE MAXIMUM PENALTY SHALL BE
 S. 8325--A                          7
 
 SUSPENSION OF A LICENSE AND THE MINIMUM PENALTY SHALL  BE  A  REPRIMAND.
 ANY FINES ISSUED SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   41.  FOR  FAILING  TO  PROVIDE  ACCESS BY QUALIFIED PERSONS TO PATIENT
 INFORMATION IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION  EIGH-
 TEEN  OF  THIS  CHAPTER,  THE  MAXIMUM  PENALTY SHALL BE SUSPENSION OF A
 LICENSE AND THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY  FINES  ISSUED
 SHALL BE NO LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND
 DOLLARS.
   42. FOR KNOWINGLY OR WILLFULLY PERFORMING A COMPLETE OR PARTIAL AUTOP-
 SY  ON  A  DECEASED PERSON WITHOUT LAWFUL AUTHORITY, THE MAXIMUM PENALTY
 SHALL BE A SUSPENSION OF A LICENSE AND THE MINIMUM PENALTY  SHALL  BE  A
 REPRIMAND.  ANY  FINES ISSUED SHALL BE NO LESS THAN ONE THOUSAND DOLLARS
 AND NO MORE THAN TEN THOUSAND DOLLARS.
   43. FOR FAILING TO COMPLY WITH A SIGNED AGREEMENT TO PRACTICE MEDICINE
 IN NEW YORK STATE IN AN AREA DESIGNATED BY THE COMMISSIONER OF EDUCATION
 AS HAVING A SHORTAGE OF PHYSICIANS OR REFUSING TO REPAY  MEDICAL  EDUCA-
 TION  COSTS  IN LIEU OF SUCH REQUIRED SERVICE, OR FAILING TO COMPLY WITH
 ANY PROVISION OF A WRITTEN AGREEMENT WITH THE STATE OR ANY  MUNICIPALITY
 WITHIN  WHICH  THE  LICENSEE  HAS  AGREED TO PROVIDE MEDICAL SERVICE, OR
 REFUSING TO REPAY FUNDS IN LIEU OF  SUCH  SERVICE  AS  CONSIDERATION  OF
 AWARDS  MADE BY THE STATE OR ANY MUNICIPALITY THEREOF FOR THE LICENSEE'S
 PROFESSIONAL EDUCATION IN MEDICINE, OR FAILING TO COMPLY WITH ANY AGREE-
 MENT ENTERED INTO TO AID THE LICENSEE'S MEDICAL EDUCATION,  THE  MAXIMUM
 PENALTY  SHALL  BE REVOCATION OF A LICENSE AND THE MINIMUM PENALTY SHALL
 BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO  LESS  THAN  FIVE  THOUSAND
 DOLLARS AND NO MORE THAN TEN THOUSAND DOLLARS.
   44.  FOR  FAILING  TO  COMPLETE  FORMS  OR  REPORTS  REQUIRED  FOR THE
 REIMBURSEMENT OF A PATIENT BY A THIRD PARTY, THE MAXIMUM  PENALTY  SHALL
 BE REVOCATION OF A LICENSE AND THE MINIMUM PENALTY SHALL BE A REPRIMAND.
 ANY FINES ISSUED SHALL BE NO LESS THAN FIVE THOUSAND DOLLARS.
   45.  FOR, IN THE PRACTICE OF PSYCHIATRY, (A) ANY PHYSICAL CONTACT OF A
 SEXUAL NATURE BETWEEN A LICENSEE AND A PATIENT EXCEPT THE USE  OF  FILMS
 OR  OTHER AUDIOVISUAL AIDS WITH INDIVIDUALS OR GROUPS IN THE DEVELOPMENT
 OF APPROPRIATE RESPONSES TO OVERCOME SEXUAL DYSFUNCTION, OR (B) IN THER-
 APY GROUPS, ACTIVITIES WHICH PROMOTE EXPLICIT  PHYSICAL  SEXUAL  CONTACT
 BETWEEN  GROUP  MEMBERS  DURING  SESSIONS,  THE MAXIMUM PENALTY SHALL BE
 REVOCATION OF A LICENSE AND THE MINIMUM PENALTY SHALL  BE  A  REPRIMAND.
 ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   46.  FOR,  IN  THE  PRACTICE  OF  OPHTHALMOLOGY,  FAILING TO PROVIDE A
 PATIENT, UPON REQUEST, WITH THE  PATIENT'S  PRESCRIPTION  INCLUDING  THE
 NAME,  ADDRESS,  AND  SIGNATURE  OF  THE  PRESCRIBER AND THE DATE OF THE
 PRESCRIPTION, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A  LICENSE  AND
 THE  MINIMUM  PENALTY  SHALL  BE  SUSPENSION  OF A LICENSE FOR UP TO SIX
 MONTHS. ANY FINES ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   47. FOR A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS ARTICLE
 BY A PROFESSIONAL, THE MAXIMUM PENALTY SHALL BE A LIMITATION  ON  REGIS-
 TRATION OR ISSUANCE OF ANY FURTHER LICENSE AND THE MINIMUM PENALTY SHALL
 BE  A REQUIREMENT THAT A LICENSEE PURSUE A COURSE OF EDUCATION OR TRAIN-
 ING. ANY FINES ISSUED SHALL BE NO MORE THAN TWO THOUSAND DOLLARS.
   48. FOR FAILURE TO USE SCIENTIFICALLY ACCEPTED BARRIER PRECAUTIONS AND
 INFECTION CONTROL PRACTICES AS ESTABLISHED BY THE DEPARTMENT PURSUANT TO
 SECTION TWO HUNDRED THIRTY-A OF THIS TITLE AS ADDED BY  CHAPTER  786  OF
 THE  LAWS  OF 1992, THE MAXIMUM PENALTY SHALL BE REVOCATION OF A LICENSE
 AND THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL  BE
 NO LESS THAN TEN THOUSAND DOLLARS.
 S. 8325--A                          8
 
   49.  FOR  A VIOLATION OF SECTION TWO HUNDRED THIRTY-D OF THIS TITLE OR
 REGULATIONS ENACTED THEREUNDER, THE MAXIMUM PENALTY SHALL BE THE SUSPEN-
 SION OF A LICENSE AND THE MINIMUM PENALTY  SHALL  BE  A  REPRIMAND.  ANY
 FINES ISSUED SHALL BE NO LESS THAN FIVE THOUSAND DOLLARS.
   50.  FOR,  EXCEPT  FOR GOOD CAUSE SHOWN, FAILING TO PROVIDE WITHIN ONE
 DAY ANY RELEVANT RECORDS OR OTHER INFORMATION REQUESTED BY THE STATE  OR
 LOCAL DEPARTMENT OF HEALTH WITH RESPECT TO AN INQUIRY INTO A REPORT OF A
 COMMUNICABLE DISEASE AS DEFINED IN THE STATE SANITARY CODE, OR HIV/AIDS,
 THE MAXIMUM PENALTY SHALL BE AN ANNULMENT OF LICENSE OR REGISTRATION AND
 THE  MINIMUM  PENALTY SHALL BE A REPRIMAND. ANY FINES ISSUED SHALL BE NO
 MORE THAN TWO THOUSAND DOLLARS.
   51. FOR PERFORMING A PELVIC EXAMINATION OR SUPERVISING THE PERFORMANCE
 OF A PELVIC EXAMINATION IN VIOLATION OF  SUBDIVISION  SEVEN  OF  SECTION
 TWENTY-FIVE HUNDRED FOUR OF THIS CHAPTER, THE MAXIMUM PENALTY SHALL BE A
 SUSPENSION  OF  A LICENSE, THE MINIMUM PENALTY SHALL BE A REPRIMAND. ANY
 FINES ISSUED SHALL BE NO MORE THAN TEN THOUSAND DOLLARS.
   52. FOR ENGAGING IN SEXUAL IMPROPRIETY, THE PENALTY SHALL  BE  REVOCA-
 TION  OF  A  LICENSE. ANY FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND
 DOLLARS.
   53. FOR PHYSICAL SEXUAL CONTACT BETWEEN A LICENSEE AND PATIENT, OR ANY
 EXAMINATION OF THE BREASTS OR GENITALS WITHOUT APPROPRIATE CONSENT  FROM
 A  PARENT OR GUARDIAN, THE PENALTY SHALL BE REVOCATION OF A LICENSE. ANY
 FINE ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   54. FOR OFFERING TO PROVIDE PRACTICE-RELATED SERVICES IN EXCHANGE  FOR
 SEXUAL  FAVORS,  THE  PENALTY SHALL BE REVOCATION OF A LICENSE. ANY FINE
 ISSUED SHALL BE NO LESS THAN TEN THOUSAND DOLLARS.
   § 4. Subdivisions 1 and 6 of section 230 of  the  public  health  law,
 subdivision 1 as amended by chapter 537 of the laws of 1998 and subdivi-
 sion  6  as  amended  by chapter 266 of the laws of 1986, are amended to
 read as follows:
   1. A state board for professional medical conduct is hereby created in
 the department in matters  of  professional  misconduct  as  defined  in
 sections  sixty-five hundred thirty and sixty-five hundred thirty-one of
 the education law. Its physician  members  shall  be  appointed  by  the
 commissioner  at  least  eighty-five percent of whom shall be from among
 nominations submitted by the medical society of the state of  New  York,
 the  New  York  state osteopathic society, the New York academy of medi-
 cine, county medical societies, statewide specialty societies recognized
 by the council of medical specialty societies, and the hospital  associ-
 ation  of  New  York  state.  Its  lay members shall be appointed by the
 commissioner with the approval of the governor.  The  board  of  regents
 shall  also appoint twenty percent of the members of the board. Not less
 than [sixty-seven] THIRTY-THREE percent of the members appointed by  the
 board  of regents shall be physicians. Not less than eighty-five percent
 of the physician members appointed by the board of regents shall be from
 among nominations submitted by the medical society of the state  of  New
 York,  the  New  York state osteopathic society, the New York academy of
 medicine, county medical societies, statewide medical  societies  recog-
 nized  by  the  council of medical specialty societies, and the hospital
 association of New York state. Any failure to meet the percentage thres-
 holds stated in this subdivision shall not be grounds  for  invalidating
 any  action  by  or  on  authority of the board for professional medical
 conduct or a committee or a member thereof. The board  for  professional
 medical  conduct shall consist of not fewer than [eighteen] SEVEN physi-
 cians licensed in the state for at least five years, two of  whom  shall
 be doctors of osteopathy, AND not fewer than two of whom shall be physi-
 S. 8325--A                          9
 
 cians who dedicate a significant portion of their practice to the use of
 non-conventional  medical  treatments  who  may be nominated by New York
 state medical associations dedicated to the advancement of  such  treat-
 ments,  at  least  one of whom shall have expertise in palliative care[,
 and not fewer than seven lay members]. ALL PHYSICIAN MEMBERS  SHALL  NOT
 HAVE  ANY  DISCIPLINARY ACTIONS OR PENALTIES FOUND AGAINST THEM PURSUANT
 TO THIS SECTION. THE BOARD SHALL INCLUDE  NO  FEWER  THAN  EIGHTEEN  LAY
 MEMBERS,  COMPRISING  INDIVIDUALS  WHO  POSSESS  A DOCTORAL DEGREE, HAVE
 NEVER OBTAINED A MEDICAL DEGREE, AND  ARE  CURRENTLY  OR  HAVE  FORMERLY
 ENGAGED  IN  TEACHING  MEDICINE  WITHIN THE DEPARTMENT OF MEDICINE AT AN
 ACADEMIC INSTITUTION.   ALTERNATIVELY,  SUCH  LAY  MEMBERS  MAY  HOLD  A
 MASTER'S  DEGREE  IN  PUBLIC  HEALTH.  An  executive  secretary shall be
 appointed by the chairperson and shall be  a  licensed  physician.  Such
 executive  secretary  shall  not  be  a  member of the board, shall hold
 office at the pleasure of, and shall have the powers and duties assigned
 and the annual salary fixed by, the chairperson. The  chairperson  shall
 also assign such secretaries or other persons to the board as are neces-
 sary.
   6.  Any  committee  on  professional conduct appointed pursuant to the
 provisions of this section shall consist of [two physicians] ONE  PHYSI-
 CIAN  and  [one]  TWO  lay  [member]  MEMBERS,  ONE OF WHOM SHALL HOLD A
 DOCTORAL DEGREE AND ARE CURRENTLY OR HAVE FORMERLY ENGAGED  IN  TEACHING
 MEDICINE WITHIN THE DEPARTMENT OF MEDICINE AT AN ACADEMIC INSTITUTION OR
 HOLD A MASTER'S DEGREE IN PUBLIC HEALTH.
   §  5. Subdivision 7 of section 230 of the public health law is amended
 by adding a new paragraph (d) to read as follows:
   (D) A LICENSEE UNDERGOING DISCIPLINARY  PROCEEDINGS  BY  COMMITTEE  ON
 PROFESSIONAL  CONDUCT  SHALL  DISCLOSE  TO  THE COMMITTEE IF THEY HOLD A
 LICENSE TO PRACTICE MEDICINE IN  ANOTHER  JURISDICTION  OUTSIDE  OF  THE
 STATE  OF NEW YORK. IF THE LICENSEE HOLDS A LICENSE TO PRACTICE MEDICINE
 IN ANY JURISDICTION OUTSIDE OF THE STATE OF NEW YORK  THE  COMMITTEE  ON
 PROFESSIONAL  CONDUCT SHALL REVIEW THE LICENSEE'S RECORD IN THOSE JURIS-
 DICTIONS TO DETERMINE IF THE LICENSEE HAS BEEN SUBJECT  TO  DISCIPLINARY
 PROCEEDINGS  IN  ANY  OTHER  STATE, TERRITORY OR JURISDICTION WHERE THEY
 WERE LICENSED TO PRACTICE MEDICINE AND DETERMINE WHAT WAS THE OUTCOME OF
 SUCH DISCIPLINARY PROCEEDINGS.
   § 6. Paragraphs (b) and (g) of subdivision 10 of section  230  of  the
 public  health  law, paragraph (b) as amended by chapter 606 of the laws
 of 1991 and paragraph (g) as amended by chapter 477 of the laws of 2008,
 are amended to read as follows:
   (b) Charges. The charges shall state  the  substance  of  the  alleged
 professional  misconduct and shall state clearly and concisely the mate-
 rial facts but not the evidence by which the charges are to  be  proved.
 CHARGES  FILED AGAINST A LICENSEE SHALL CORRESPOND TO THE PRESCRIBED SET
 OF PENALTIES AND ACTIONS PROVIDED IN SECTION  TWO  HUNDRED  THIRTY-F  OF
 THIS TITLE.
   (g) Results of hearing. The committee shall make (1) findings of fact,
 (2) conclusions concerning the charges sustained or dismissed, and (3) a
 determination regarding charges sustained or dismissed, and in the event
 any  of the charges have been sustained, of the penalty to be imposed or
 appropriate action to be taken and the reasons  for  the  determination.
 ANY  PENALTY IMPOSED OR ACTION TO BE TAKEN MUST CORRESPOND TO THE GUIDE-
 LINES PROVIDED IN SECTION TWO HUNDRED THIRTY-F OF THIS  TITLE.  For  the
 committee  to  make  a  conclusion sustaining a charge, or determining a
 penalty or the appropriate action  to  be  taken,  two  members  of  the
 committee  must vote for such a conclusion or determination. The commit-
 S. 8325--A                         10
 
 tee shall issue an order based on  its  determination.  The  committee's
 findings, conclusions, determinations and order shall become public upon
 issuance.  However,  if  the time to request a review of the committee's
 determination  has  not yet expired, or if the review has been requested
 but no determination as a result of the review  has  been  issued,  such
 publication  shall include a statement advising that the licensee or the
 department may request a review of  the  committee's  determination.  No
 such  statement  is  required if (a) the time to request such review has
 expired without the filing of such request by either of the parties,  or
 (b)  the  licensee  and  the  department  both  affirmatively decline to
 request review of the committee's determination or fail to perfect  such
 review.  In  the  event  any  or  all  such  charges are dismissed, such
 dismissal shall be made public within two business days.
   § 7. Paragraph (h) of subdivision 11 of  section  230  of  the  public
 health  law,  as added by chapter 203 of the laws of 2020, is amended to
 read as follows:
   (h) (I) The office of professional medical conduct AND THE  DEPARTMENT
 shall  post  on  [its  website]  THEIR WEBSITES information on patients'
 rights and reporting options under this  subdivision  regarding  profes-
 sional  misconduct,  which  shall  specifically  include  information on
 reporting  instances  of  misconduct  involving  sexual  harassment  and
 assault.  All  physicians'  practice  settings  shall conspicuously post
 signage, visible to their  patients,  directing  such  patients  to  the
 office  of  professional medical conduct's website for information about
 their rights and how to report professional  misconduct.    ALL  SIGNAGE
 POSTED SHALL BE NO SMALLER THAN EIGHT AND A HALF INCHES BY ELEVEN INCHES
 IN SIZE.
   (II)  MEDICAL  FACILITIES SHALL PROVIDE ALL PERTINENT CONTACT INFORMA-
 TION TO THE OFFICE OF PROFESSIONAL MEDICAL  CONDUCT  TO  PATIENTS  IN  A
 SELF-ATTESTATION  FORM,  INCLUDING  ACCESS TO THEIR WEBSITE THROUGH A QR
 CODE OR LINK AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (III) WITHIN TEN DAYS OF ANY FINAL DETERMINATION APPLYING A PENALTY OR
 ACTION AGAINST A LICENSEE THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT AND
 THE DEPARTMENT SHALL POST ON THEIR WEBSITES THE  NAME,  MEDICAL  LICENSE
 NUMBER, AND THE PENALTIES OR ACTIONS IMPOSED FOR ANY LICENSEE DETERMINED
 TO HAVE COMMITTED A VIOLATION OF PROFESSIONAL MISCONDUCT.
   (IV)  IF  THE  SOURCE  OF  COMPLAINT THAT INSTIGATED THE INVESTIGATION
 PROVIDED CONTACT INFORMATION INCLUDED  AN  ELECTRONIC  MAIL  ADDRESS  IN
 THEIR INITIAL COMPLAINT, THEN THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
 SHALL  INFORM THE SOURCE OF THE COMPLAINT THROUGH ELECTRONIC MAIL OF THE
 FINAL DETERMINATION MADE IN REFERENCE TO THE COMPLAINT WITHIN TEN DAYS.
   § 8. Subdivision 11 of section 230 of the public health law is amended
 by adding a new paragraph (i) to read as follows:
   (I) ANY LICENSEE WHO IS INDICTED IN ANOTHER JURISDICTION FOR A  CRIMI-
 NAL  OFFENSE OR IS ARRESTED PURSUANT TO PROBABLE OR REASONABLE CAUSE, OR
 WHERE IT HAS BEEN DETERMINED BY A PROFESSIONAL DISCIPLINARY AGENCY  THAT
 THERE IS SUFFICIENT EVIDENCE TO CONDUCT A REVIEW OF SUCH LICENSEE, SHALL
 NOTIFY  THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT OF SUCH ACTION WITHIN
 FORTY-EIGHT HOURS.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.