BILL NUMBER: S8335
SPONSOR: KRUEGER
 
TITLE OF BILL:
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
 
PURPOSE:
To afford patient protections by increasing the ability of the NYS
Department of Health to investigate, discipline, and monitor licensed
physicians, physician assistants, and specialist assistants, which will
help to prevent and take action against acts of professional misconduct,
including sexual misconduct, against child and adult patients.
 
SUMMARY OF PROVISIONS:
Section 1: Amends paragraphs (a) and (c) of subdivision 9 and subdivi-
sions 20, 28, and 31, and adds new subdivisions 51 and 52 to section
6530 of the Education Law titled "Definitions of professional miscon-
duct."
Stipulates that it shall be considered professional misconduct if a
licensee has pleaded or been found guilty or convicted of committing an
act constituting a crime under New York State law, federal law, or the
law of another jurisdiction, which would also constitute a crime under
New York State law if committed within this state.
Stipulates that it shall be considered professional misconduct if a
licensee has been found guilty in an adjudicatory proceeding of violat-
ing a state or federal statute or regulation, or after the resolution of
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 section
6530 of the Education Law.
Stipulates that conduct which evidences moral unfitness to practice
medicine shall be considered professional misconduct.
Stipulates that it shall be considered professional misconduct if a
licensee fails to respond to written communications from the Department
of Health within 10 days with respect to an inquiry or complaint about
the licensee's professional misconduct.
Stipulates that it shall be considered professional misconduct if a
licensee willfully harasses, abuses, or intimidates a patient or a
patient's caregiver or surrogate physically or verbally.
Establishes that a licensee's failure to notify the Department of Health
within 10 calendar days of having been charged with a crime in any
jurisdiction or of any event that meets the definition of professional
misconduct, except for good cause shown, shall be considered profes-
sional misconduct.
Establishes that 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 practition-
er-patient relationship in a sexual way, in person or virtually, shall
be considered professional misconduct.
Section 2: Adds a new paragraph (f) to subdivision 4 of section 206 of
the Public Health Law, "Commissioner; general powers and duties."
Establishes that the Commissioner may require an individual or entity
subject to an investigation or inquiry to produce any and all relevant
documents in their possession or control no later than 10 days after
delivery of the written request, unless a shorter period is specified.
Stipulates penalties for failure to produce such documents within the
specified time frame.
Section 3: Amends subdivision 1 and adds subdivisions 1-a and 1-b to
section 6502 of the Education Law, "Duration and registration of a
license." Establishes that the license of a physician, physician prac-
ticing under a limited permit, physician assistant, specialist assist-
ant, and medical resident shall be valid during the life of the licensee
unless 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, the licensee is stricken because they have failed to
register with the Education Department for two or more consecutive
registration periods, or the licensee receives approval from the Board
for Professional Medical Conduct to retire their license, provided they
have no pending disciplinary matters.
Establishes that licensees must register with the New York State Educa-
tion Department and meet the requirements under section 3-503 of the
General Obligations Law to practice in New York State.
Section 4: Amends section 6524 of the Education Law by adding a new
subdivision 6-a titled "Fingerprints and criminal history record check:
consent to submission of fingerprints for purposes of conducting a crim-
inal history record check." Establishes that the Commissioner shall
submit two sets of fingerprints from licensure applicants to the Divi-
sion of Criminal Justice Services and any such criminal history record
shall be forwarded to the Commissioner in a timely manner and shall be
kept confidential. Defines "criminal history record."
Section 5: Amends clause (C) of subparagraph (iii) of paragraph (a) of
subdivision 10 of section 230 of the Public Health Law. Modifies the
amount of time within which an investigation committee shall be convened
from 90 days to one year of any interview of the licensee.
Section 6: Amends subparagraphs (i) and (ii) of paragraph (d) of subdi-
vision 10 of section 230 of the Public Health Law. Provides for a notice
of the hearing to be served on the licensee personally, to the
licensee's residential or practice address, to the licensee's most
recent mailing address pursuant to section 6502 of the Education Law or
that is on file with the Department of Education, or to the licensee's
attorney. Modifies the timeline for making the charges public.
Section 7: Amends paragraph (p) of subdivision 10 of section 230 of the
Public Health Law. Changes the title to "Convictions, guilty pleas, or
being found guilty of crimes or administrative violations." Requires
licensees to notify the New York State Department of Health within 10
days of having plead guilty, been found guilty, or been charged with a
crime in any jurisdiction or of any event meeting the definitions of
professional misconduct. Stipulates that in cases of professional
misconduct based solely upon a violation of subdivision 9 of section
6530 of the Education Law, 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 act committed would not be a crime in New York State.
Section 8: Amends subdivision 12 of section 230 of the Public Health Law
titled "Summary action." Authorizes the Health Commissioner to take
summary action if a licensee has failed to produce required documents
within 10 days, or within such shorter period that has been specified in
the written demand for documents.
Increases the period of time that the Health Commissioner may order a
licensee to discontinue a condition or activity that has been determined
to constitute an imminent danger to the health of the people. Modifies
time frames under which the State Board for Professional Medical Conduct
is required to commence and complete required hearing proceedings.
Modifies the time frame by which a hearing shall end following the date
of service of the Commissioner's order.
Section 9: Amends paragraph (a) of subdivision 1 of section 2803-e of
the Public Health Law. Establishes that Article 28 hospitals and other
facilities shall make a report or cause a report to be made within 30
days of the receipt of information from any entity providing personnel
to perform professional services to such hospital or facility, or
notification by the hospital to any such entity, that the entity may not
assign a licensee to provide services to the hospital or facility due to
alleged mental or physical impairment, incompetence, malpractice or
misconduct, or impairment of patient safety or welfare.
Section 10: Establishes the effective date. This act shall take effec-
tive 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 para-
graph and shall be deemed to expire therewith.
 
JUSTIFICATION:
Patients rely on their health care practitioners for trusted medical
advice and the health care services they need. New York State-licensed
health care providers are held to high standards of medical practice in
order to ensure that patients receive quality health care services and
that practitioners conduct themselves ethically.
While most practitioners adhere to these standards, there have been
deeply troubling reports in the media about health care providers who
have engaged in professional misconduct, including sexual misconduct,
with patients who are minors and adults, in some cases over a span of
many years.
For example, in 2024, Dr. Darius Paduch was sentenced to life in prison
for committing sexual misconduct against more than 300 male patients
since 2007, including minors, at several hospitals in New York City. Dr.
Robert Hadden was sentenced to 20 years in prison for sexually assault-
ing hundreds of female patients over two decades at New York City hospi-
tals. Dr. Paul Giacopelli was arrested and confessed to sexually abusing
a patient at Putnam County Hospital whom he had rendered unconscious
using a chemical. Dr. Zhi Alan Cheng was charged with drugging, sexually
assaulting, and filming the assaults of multiple women, including
patients at a New York City hospital, as well as at his home.
The New York State Department of Health (NYS DOH), which oversees physi-
cians, physicians practicing under a limited permit, physician's assist-
ants, specialist's assistants, and medical residents, has procedures in
place to investigate, discipline, and monitor these practitioners;
however, ongoing reports of professional misconduct points to the need
for essential improvements to address loopholes and other deficiencies.
This legislation would make updates to definitions of professional
misconduct, authorize the Health Commissioner to take additional
actions, close loopholes, and strengthen regulation of medical licen-
sure, investigation, and reporting, while ensuring due process, which
would increase the ability of the State Department of Health to investi-
gate, discipline, and monitor licensed physicians, physician assistants,
and specialist assistants effectively and justly.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effective 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.

Statutes affected:
S8335: 206 public health law, 206(4) public health law, 6502 education law, 6502(1) education law, 6524 education law, 230 public health law, 230(10) public health law, 2803-e public health law, 2803-e(1) public health law