S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8335
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2025
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law and the public health law, in relation
   to enhancing the ability of the department of health  to  investigate,
   discipline, and monitor licensed physicians, physician assistants, and
   specialist assistants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13290-01-5
              

 S. 8335                             2
 
 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
 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
 S. 8335                             3
 
   (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.
   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
 S. 8335                             4
 
 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-
 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:
 S. 8335                             5
 
   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
 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
 S. 8335                             6
 
 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
 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
 S. 8335                             7
 
 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
 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.