Research

Access Restrictions

Case files of investigations of professional medical conduct: charge must be disclosed if a committee of the State Board for Professional Medical Conduct concurred that a hearing was warranted and the committee voted unanimously to make the charge public; the subsequent findings, conclusions, determinations and final order must be disclosed. See Public Health Law section 230.10(a)(iv) and 230.10(d). Related investigation files are confidential and are not disclosable. See Public Health Law section 230.10(a)(v). Other materials in the files that are exempt from disclosure include privileged attorney-client communications and attorney work product or material prepared for litigation, under Civil Practice Law and Rules section 3101(b) and (c); and inter- or intra-agency materials with certain exceptions, under FOIL sect. 87.2(g).

All case files: disclosable under the Freedom of Information Law (FOIL, Public Officers Law Art. 6), except for materials that are exempt from disclosure by FOIL section 87.2(a) ("specifically exempted from disclosure by state or federal statute"), section 87.2(b) (disclosure would result in an "unwarranted invasion of personal privacy"), and section 87.2(g) (intra- and inter-agency materials, with certain exceptions).