S T A T E   O F   N E W   Y O R K
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                                  1749

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced by M. of A. GOTTFRIED -- Multi-Sponsored by -- M. of A. HOOP-
  ER -- read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to disclo-
  sure of medical records and clinical records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (d) of rule 3122 of the civil practice law  and
rules,  as  added by chapter 575 of the laws of 2002, is amended to read
as follows:
  (d) Unless the subpoena duces tecum directs the production of original
documents for inspection and copying at the place where such  items  are
usually  maintained,  it  shall be sufficient for the custodian or other
qualified person to deliver complete and accurate copies of the items to
be produced. The reasonable production expenses of a  non-party  witness
shall  be  defrayed by the party seeking discovery. THE CHARGES AND FEES
AUTHORIZED BY SUBDIVISION TWO OF SECTION EIGHTEEN OF THE  PUBLIC  HEALTH
LAW  AND PARAGRAPH SIX OF SUBDIVISION (B) OF SECTION 33.16 OF THE MENTAL
HYGIENE LAW, RELATIVE TO REQUESTS FOR INSPECTIONS AND COPYING OF MEDICAL
RECORDS SHALL  BE  DEEMED  TO  BE  REASONABLE  PRODUCTION  EXPENSES  FOR
PURPOSES OF THIS SUBDIVISION.
  S  2.  Subdivision  (a)  of section 2303 of the civil practice law and
rules, as amended by chapter 26 of the laws of 2004, is amended to  read
as follows:
  (a) A subpoena requiring attendance or a subpoena duces tecum shall be
served  in  the  same  manner as a summons, except that where service of
such a subpoena is made pursuant to subdivision two or four  of  section
three  hundred  eight  of  this  chapter, the filing of proof of service
shall not be required and service shall  be  deemed  complete  upon  the
later  of the delivering or mailing of the subpoena, if made pursuant to
subdivision two of section three hundred eight of this chapter, or  upon
the  later  of the affixing or mailing of the subpoena, if made pursuant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00778-01-9
              

A. 1749                             2

to subdivision four of section three hundred eight of this chapter.  Any
person  subpoenaed shall be paid or tendered in advance authorized trav-
eling expenses and one day's witness fee. ANY NON-PARTY WITNESS REQUIRED
TO  PRODUCE  MEDICAL RECORDS IN ORDER TO COMPLY WITH A SUBPOENA SHALL BE
ENTITLED TO RECEIVE FROM THE PARTY SEEKING  DISCOVERY  THE  CHARGES  AND
FEES  AUTHORIZED  BY  SUBDIVISION  TWO OF SECTION EIGHTEEN OF THE PUBLIC
HEALTH LAW OR PARAGRAPH SIX OF SUBDIVISION (B) OF SECTION 33.16  OF  THE
MENTAL  HYGIENE LAW, RELATIVE TO REQUESTS FOR INSPECTIONS AND COPYING OF
MEDICAL RECORDS. A copy of any subpoena duces tecum served in a  pending
civil  judicial proceeding shall also be served, in the manner set forth
in rule twenty-one hundred three of this chapter, on each party who  has
appeared in the civil judicial proceeding so that it is received by such
parties  promptly after service on the witness and before the production
of books, papers or other things.
  S 3. Subdivision (c) of section 8001 of the  civil  practice  law  and
rules is amended to read as follows:
  (c)  Transcripts  of records. Wherever the preparation of a transcript
of records is required in order to comply with a  subpoena,  the  person
subpoenaed  shall  receive an additional fee of ten cents per folio upon
demand. THIS SUBDIVISION SHALL NOT APPLY TO REIMBURSEMENT FOR COMPLIANCE
WITH A SUBPOENA SEEKING THE PRODUCTION OF  FULL  SIZED  LEGIBLE  REPROD-
UCTIONS  OF RECORDS RELATING TO THE CONDITION OR TREATMENT OF A PATIENT.
REIMBURSEMENT FOR COMPLIANCE WITH SUCH A SUBPOENA SHALL BE IN ACCORDANCE
WITH SECTION TWENTY-THREE HUNDRED THREE OR RULE THIRTY-ONE HUNDRED TWEN-
TY-TWO OF THIS CHAPTER.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.