Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to codes |
Jul 16, 2009 |
committed to rules |
Jun 01, 2009 |
advanced to third reading |
May 27, 2009 |
2nd report cal. |
May 26, 2009 |
1st report cal.453 |
May 18, 2009 |
print number 3203a |
May 18, 2009 |
amend and recommit to codes |
Mar 12, 2009 |
referred to codes |
Senate Bill S3203
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-S3203 - Details
- Current Committee:
- Senate Codes
2009-S3203 - Sponsor Memo
BILL NUMBER: S3203 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to ex-parte interviews of non-party treating physicians and health care providers in certain actions PURPOSE : To prohibit in a personal injury, medical, dental or podiatric malpractice or wrongful death action the defendant from conducting ex parte interviews with the plaintiffs nonparty treating physicians. SUMMARY OF PROVISIONS : This bill prohibits in any action involving personal injury, medical, dental or podiatric malpractice, or wrongful death the defendant from conducting ex parte interviews with the plaintiffs nonparty treating physicians. This bill also clarifies that an attorney or the agent or employee of an attorney who represents the patient, the estate of the patient, or the natural or duly appointed guardian of the patient whose condition is at issue in the action may conduct ex-parte conversations with a treating physician or other health care provider of the patient. EXISTING LAW : Neither CPLR Article 31 nor the Uniform Rules includes a provision
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) 28th Senate District
(D) Senate District
2009-S3203A (ACTIVE) - Details
- Current Committee:
- Senate Codes
2009-S3203A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3203A TITLE OF BILL : An act to amend the civil practice law and rules, in relation to ex-parte interviews of non-party treating physicians and health care providers in certain actions PURPOSE : To prohibit in a personal injury, medical, dental or podiatric malpractice or wrongful death action the defendant from conducting ex parte interviews with the plaintiffs nonparty treating physicians. SUMMARY OF PROVISIONS : This bill prohibits in any action involving personal injury, medical, dental or podiatric malpractice, or wrongful death the defendant from conducting ex parte interviews with the plaintiffs nonparty treating physicians. This bill also clarifies that an attorney or the agent or employee of an attorney who represents the patient, the estate of the patient, or the natural or duly appointed guardian of the patient whose condition is at issue in the action may conduct ex-parte conversations with a treating physician or other health care provider of the patient. EXISTING LAW : Neither CPLR Article 31 nor the Uniform Rules includes a provision
2009-S3203A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3203--A 2009-2010 Regular Sessions I N S E N A T E March 12, 2009 ___________ Introduced by Sens. KLEIN, HASSELL-THOMPSON, C. JOHNSON, KRUEGER, ONORA- TO, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the civil practice law and rules, in relation to ex-parte interviews of non-party treating physicians and health care providers in certain actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3102 of the civil practice law and rules is amended by adding a new subdivision (c-1) to read as follows: (C-1) EX-PARTE INTERVIEWS. IN ANY ACTION INVOLVING PERSONAL INJURY, MEDICAL, DENTAL, OR PODIATRIC MALPRACTICE OR WRONGFUL DEATH, NO PARTY OR ANYONE ACTING ON BEHALF OF A PARTY MAY EITHER DIRECTLY OR INDIRECTLY CONDUCT EX-PARTE INTERVIEWS WITH THE TREATING PHYSICIANS OR OTHER HEALTH CARE PROVIDERS OF ANY OTHER PARTY. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT AN ATTORNEY OR THE AGENT OR EMPLOYEE OF AN ATTORNEY WHO REPRES- ENTS THE PATIENT, THE ESTATE OF THE PATIENT, OR THE NATURAL OR DULY APPOINTED GUARDIAN OF THE PATIENT WHOSE CONDITION IS AT ISSUE IN THE ACTION FROM CONDUCTING EX-PARTE CONVERSATIONS WITH A TREATING PHYSICIAN OR OTHER HEALTH CARE PROVIDER OF THE PATIENT. S 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all actions involving personal injury, medical, dental or podiatric malpractice, or wrongful death filed on and after such date and to all such actions pending on such effective date except as to conduct prohibited by section one of this act which occurred prior to such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01062-06-9
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