S T A T E   O F   N E W   Y O R K
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                                  2062

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  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.
                                                           LBD05344-01-1
              

A. 2062                             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.