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

Where it stands

Passed one of the two chambers; it still needs the other.

Higher Education · New York State Assembly

Also referred to Higher Education · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate.

Purpose, from the sponsor's memo

Section 1 of the bill amends Education Law § 6508 to authorize the professional conduct officer of OPD, or his or her representatives, in any investigation or proceeding by the department that is in response to a complaint alleging professional misconduct, within the scope of its authorization to obtain and examine unredacted records of patients or clients in possession of health care facilities and professional offices. Such records would be obtained by SED without the consent of the patient or client but would be subject to strict confidentiality requirements. The bill would prohibit the disclosure of such records to anyone not authorized by the department to participate in the investi- gation, proceeding, or conference without the consent of the patient or client and would specifically prohibit disclosure of the name of the patient or client without consent, unless authorized by law. All other uses or dissemination of information from such records by any person would only be allowed if it is pursuant to a valid court order or other- wise authorized by law. Section 2 of the bill would be the effective date. STATEMENT IN SUPPORT OF THE BILL: The proposed amendment to Education Law § 6506(8) addresses a long- standing issue that goes to the heart of any investigation of allega- tions of professional misconduct: the ability of the investigating agen- cy, in this case OPD, to obtain records from a professional licensee or entity without having to obtain patient or client consent for the release of said records. The proposed amendment is similar to the language of Public Health Law (PHL) § 230(10)(1), which allows BPMC, the disciplinary authority for physicians in New York State, to examine and obtain records of patients in any investigation or proceedings by the board acting within the scope of its authority. OPD is statutorily responsible for investigating and prosecuting alleged violations of professional misconduct pursuant to Education Law § 6507(h). OPD is required to investigate every complaint that alleges professional misconduct. OPD is also responsible for investigating the good moral character of applicants for professional licensure and initi- ating proceedings against licensees based upon a lack of good moral character. In carrying out its statutory responsibilities, OPD has been facing increasing resistance from professional licensees, healthcare facilities and Family Court personnel when requesting patient/client records inte- gral to an investigation of alleged professional misconduct. Although not universal, the Department has observed a trend, especially among attorneys representing hospitals and professional licensees, to refuse OPD requests for patient/client records, citing OPD's lack of a release from the patient/client. The Department's ability to investigate court- appointed psychologists has also been hampered because the records necessary to pursue such an investigation are, by law, private and only open to inspection upon permission of the Family Court. To help elimi- nate this potential obstacle, this bill would give OPD's professional conduct officers greater access to these court records. Education Law § 6507(c) authorizes OPD to issue subpoenas as part of its investigations. However, in at least one case, a court found this power to be limited. In Adams v. New York Universitv Medical Center, n.o.r., Sup Ct, NY County, 1992, Index No. 43324/92., New York University (NYU) notified OPD, pursuant to its responsibility under PHL § 2803-e, of possible professional misconduct by a male registered nurse who alleged- ly sexually abused an eighteen year old female patient who had the mental development of a twelve year old. The patient was not identified by NYU. During the course of its investigation, OPD asked NYU for the patient's records. NYU refused, stating that the patient's family would not agree to release of the records and that her records were confiden- tial pursuant to CPLR § 4504(a). NYU also ref

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

• Vote: Floor vote

  NY SenateMay 14, 2026Result: passed

  Voted yes (58)Voted no (0)Voted present (0)Absent (5)

  See member positions for the vote on May 14, 2026 (Floor vote)

• Vote: Committee vote · Higher Education

  Senate Higher EducationMay 5, 2026Result: passed

  Voted yes (11)Voted no (0)Voted present (0)Absent (0)

  See member positions for the vote on May 5, 2026 (Committee vote · Higher Education)

• Vote: Committee vote · Rules

  Senate RulesJun 9, 2025Result: passed

  Voted yes (21)Voted no (0)Voted present (0)Absent (0)

  See member positions for the vote on Jun 9, 2025 (Committee vote · Rules)

Full history

1. May 14, 2026

   Sent to the executive

   DELIVERED TO ASSEMBLY

   NY Senate

2. May 14, 2026

   Passed a chamber

   PASSED SENATE

   NY Senate

3. May 14, 2026

   Referred to committee

   REFERRED TO HIGHER EDUCATION

   NY Assembly

4. May 7, 2026

   Advanced to Third Reading

   ADVANCED TO THIRD READING

   NY Senate

5. May 6, 2026

   2ND Report CAL.

   2ND REPORT CAL.

   NY Senate

Read the record

• Read on NY Senate (opens in a new tab) The official record on nysenate.gov.