Senate Bill S5074A

2013-2014 Legislative Session

Relates to waiver of privileged confidential information

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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Bill Amendments

2013-S5074 - Details

See Assembly Version of this Bill:
A7280
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4504, CPLR

2013-S5074 - Summary

Provides that in a civil action, an operator of a motor vehicle in this state shall be deemed to have waived privileged confidential information in regard to the results of any tests administered following a motor vehicle accident which reveal the alcohol or drug content in such operator's body.

2013-S5074 - Sponsor Memo

2013-S5074 - Bill Text download pdf 

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

                                  5074

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT to amend the civil practice law and rules, in relation to waiver
  of privileged confidential information

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

  Section  1.  Subdivision (a) of section 4504 of the civil practice law
and rules, as amended by chapter 555 of the laws of 1993, is amended  to
read as follows:
  (a) Confidential information privileged. Unless the patient waives the
privilege,  a person authorized to practice medicine, registered profes-
sional nursing,  licensed  practical  nursing,  dentistry,  podiatry  or
chiropractic  shall  not be allowed to disclose any information which he
OR SHE acquired in attending a patient in a professional  capacity,  and
which  was  necessary  to enable him OR HER to act in that capacity. The
relationship of a physician and patient shall exist  between  a  medical
corporation,  as defined in article forty-four of the public health law,
a professional service corporation organized under  article  fifteen  of
the  business corporation law to practice medicine, a university faculty
practice corporation organized under section fourteen hundred twelve  of
the  not-for-profit  corporation  law to practice medicine or dentistry,
and the patients to whom they respectively render  professional  medical
services.
  AN  OPERATOR  OF A MOTOR VEHICLE IN THIS STATE SHALL BE DEEMED TO HAVE
WAIVED THIS PRIVILEGE IN REGARD TO THE RESULTS OF ANY TESTS ADMINISTERED
FOLLOWING A MOTOR VEHICLE ACCIDENT WHICH  REVEAL  THE  ALCOHOL  OR  DRUG
CONTENTS  IN  SUCH  OPERATOR'S  BODY.  A patient who, for the purpose of
obtaining insurance benefits, authorizes  the  disclosure  of  any  such
privileged  communication  to  any  person  shall  not be deemed to have

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09759-01-3

2013-S5074A (ACTIVE) - Details

See Assembly Version of this Bill:
A7280
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4504, CPLR

2013-S5074A (ACTIVE) - Summary

Provides that in a civil action, an operator of a motor vehicle in this state shall be deemed to have waived privileged confidential information in regard to the results of any tests administered following a motor vehicle accident which reveal the alcohol or drug content in such operator's body.

2013-S5074A (ACTIVE) - Sponsor Memo

2013-S5074A (ACTIVE) - Bill Text download pdf 

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

                                 5074--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- 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 waiver
  of privileged confidential information

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

  Section  1.  Subdivision (a) of section 4504 of the civil practice law
and rules, as amended by chapter 555 of the laws of 1993, is amended  to
read as follows:
  (a) Confidential information privileged. Unless the patient waives the
privilege,  a person authorized to practice medicine, registered profes-
sional nursing,  licensed  practical  nursing,  dentistry,  podiatry  or
chiropractic  shall  not be allowed to disclose any information which he
OR SHE acquired in attending a patient in a professional  capacity,  and
which  was  necessary  to enable him OR HER to act in that capacity. The
relationship of a physician and patient shall exist  between  a  medical
corporation,  as defined in article forty-four of the public health law,
a professional service corporation organized under  article  fifteen  of
the  business corporation law to practice medicine, a university faculty
practice corporation organized under section fourteen hundred twelve  of
the  not-for-profit  corporation  law to practice medicine or dentistry,
and the patients to whom they respectively render  professional  medical
services.
  FOR  THE  EXCLUSIVE PURPOSE OF USE IN A CIVIL ACTION, AN OPERATOR OF A
MOTOR VEHICLE IN THIS STATE SHALL BE DEEMED TO HAVE WAIVED  THIS  PRIVI-
LEGE  IN  REGARD  TO  THE  RESULTS OF ANY TESTS ADMINISTERED FOLLOWING A
MOTOR VEHICLE ACCIDENT WHICH REVEAL THE ALCOHOL OR DRUG CONTENTS IN SUCH
OPERATOR'S BODY. A patient who, for the purpose of  obtaining  insurance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09759-03-3

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