Grants access to patient or client records for the Board of Professional Medical Conduct for the purpose of investigation and prosecution of professional licensing and misconduct proceedings.
Impact
The proposed changes under S08369 will significantly alter the handling of patient records during misconduct investigations. Currently, patient consent is a primary requirement for accessing such records, which can hinder timely investigations. By allowing the professional conduct officer to bypass this requirement, the bill aims to streamline the investigative process, ensuring quicker and more efficient responses to allegations of misconduct. However, this will also necessitate a robust framework to safeguard the confidentiality of the records during the investigation, as the bill emphasizes that these records should remain confidential unless express consent is given by the patient or authorized by law.
Summary
S08369 is a proposed bill aimed at amending the education law to provide the Board of Professional Medical Conduct with greater access to patient and client records. This legislation is designed to facilitate investigations and prosecutions related to professional licensing and misconduct proceedings. The bill allows a designated professional conduct officer to obtain unredacted patient records without patient consent, which is necessary for the department to effectively handle complaints that involve allegations of professional misconduct by licensed professionals. This change is being introduced at the request of the State Education Department to enhance oversight in the professional conduct of licensed healthcare providers.
Contention
Notably, the bill raises several points of contention regarding patient privacy and the implications of granting access to sensitive information without consent. Critics argue that removing the consent requirement could undermine patient trust in healthcare professionals and deter individuals from seeking medical care due to fears of privacy breaches. Proponents assert that this legislation is a necessary measure to ensure accountability among licensed professionals and to uphold standards of care within the healthcare system. As the bill moves forward, discussions will likely focus on finding a balance between effective oversight and protecting patients' rights.
Grants access to patient or client records for the Board of Professional Medical Conduct for the purpose of investigation and prosecution of professional licensing and misconduct proceedings.
Requires notification of misconduct by medical professionals; requires medical professionals to notify the department of health within 10 days of being charged with a crime; includes verbal, written, 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 in the definition of professional misconduct.
Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers.
Strengthens protections for patients regarding sexual misconduct by medical providers; requires medical expert consultants involved in investigations disclose conflicts of interest and to not be under investigation, on warning, or on probation; requires a zero-tolerance policy to be adopted and training to be provided on sexual misconduct by the board for professional misconduct; includes provisions related to the right to have a chaperone; includes sexual misconduct in the definition of professional misconduct.
Strengthens protections for patients regarding sexual misconduct by medical providers; requires medical expert consultants involved in investigations disclose conflicts of interest and to not be under investigation, on warning, or on probation; requires a zero-tolerance policy to be adopted and training to be provided on sexual misconduct by the board for professional misconduct; includes provisions related to the right to have a chaperone; includes sexual misconduct in the definition of professional misconduct.
Relates to professional misconduct of medical professionals involving felonies committed in the course of the licensee's medical practice; provides for license revocation.
Requires that where a health care professional or professionals require the completion of an allergy checklist or form by the patient, prior to receiving care by such professional or professionals, the checklist or form shall also inquire about the opioid history of such patient.
Requires that where a health care professional or professionals require the completion of an allergy checklist or form by the patient, prior to receiving care by such professional or professionals, the checklist or form shall also inquire about the opioid history of such patient.
Establishes the "New York patients' right to know act"; requires physicians and certain licensed professionals to disclose findings of certain misconduct to patients.
Establishes the "New York patients' right to know act"; requires physicians and certain licensed professionals to disclose findings of certain misconduct to patients.