Anonymous v. Bureau of Professional Medical Conduct/State Board for Professional Medical Conduct et al.

Summary

The New York Court of Appeals held that physician disciplinary proceedings resolved in the physician's favor remain confidential under Public Health Law § 230 (9). In a mixed-result proceeding, where only a minor record-keeping violation was sustained and more serious charges were dismissed, the court held that the Department of Health abused its discretion by publicly releasing the dismissed charges without redaction.

Holdings

1. Public Health Law § 230 (9) requires confidentiality of physician disciplinary proceedings even after termination when no charge against the physician is sustained.
2. When one charge is sustained and others are dismissed, the Department has discretion to determine whether records concerning the dismissed charges should be redacted, but it abuses that discretion when, under the circumstances presented, it publicly discloses unrelated and substantially more serious dismissed charges together with a minor sustained violation.
3. The Department may make public records of proceedings resulting in discipline, including a reprimand, after the administrative review period is complete, absent an express statutory provision requiring confidentiality.

Questions Presented

1. Whether Public Health Law § 230 (9) requires confidentiality after physician disciplinary proceedings terminate when no charge is sustained.
2. Whether, in a mixed-result disciplinary proceeding, the Department abused its discretion by publicly disclosing dismissed charges along with a minor sustained charge.
3. Whether the Department was required to redact all dismissed charges from the publicly available disciplinary records.

Disposition

affirmed