Senate Bill S4759C

2019-2020 Legislative Session

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers

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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

2019-S4759 - Details

See Assembly Version of this Bill:
A7885
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122, §4504, CPLR
Versions Introduced in 2021-2022 Legislative Session:
S436, A2333

2019-S4759 - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

2019-S4759 - Sponsor Memo

2019-S4759 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4759
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 permit-
   ting grand jury inspection of medical  records  pursuant  to  subpoena
   duces tecum powers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (a) of rule 3122  of  the  civil
 practice  law and rules, as added by chapter 307 of the laws of 2011, is
 amended to read as follows:
   2. A medical provider served with a subpoena duces tecum, other than a
 trial subpoena issued by a court OR A SUBPOENA ISSUED BY A  GRAND  JURY,
 requesting  the  production  of  a patient's medical records pursuant to
 this rule need not respond or object to the subpoena if the subpoena  is
 not  accompanied by a written authorization by the patient. Any subpoena
 served upon a medical provider  requesting  the  medical  records  of  a
 patient  shall  state  in  conspicuous  bold-faced type that the records
 shall not be provided unless (I) the subpoena is accompanied by a  writ-
 ten  authorization  by  the  patient, [or] (II) the court has issued the
 subpoena or otherwise directed the production of the documents, OR (III)
 THE GRAND JURY  HAS  ISSUED  THE  SUBPOENA  OR  OTHERWISE  DIRECTED  THE
 PRODUCTION OF THE DOCUMENTS.
   §  2.  Section  4504 of the civil practice law and rules is amended by
 adding a new subdivision (b-1) to read as follows:
   (B-1)  CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A   PHYSICIAN,
 DENTIST,  PODIATRIST,  CHIROPRACTOR,  NURSE, AS WELL AS THE ENTITIES AND
 ORGANIZATIONS INCLUDED IN SUBDIVISION (A)  OF  THIS  SECTION,  SHALL  BE
 REQUIRED  TO DISCLOSE INFORMATION IN RESPONSE TO A TRIAL SUBPOENA ISSUED
 BY A COURT OR A SUBPOENA ISSUED BY A GRAND  JURY  AND  SUBSCRIBED  BY  A
 MAGISTRATE FROM THE COURT WHICH EMPANELED SAID GRAND JURY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08333-01-9

2019-S4759A - Details

See Assembly Version of this Bill:
A7885
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122, §4504, CPLR
Versions Introduced in 2021-2022 Legislative Session:
S436, A2333

2019-S4759A - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

2019-S4759A - Sponsor Memo

2019-S4759A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4759--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 committee
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting  grand  jury  inspection  of medical records pursuant to subpoena
   duces tecum powers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  2 of subdivision (a) of rule 3122 of the civil
 practice law and rules, as added by chapter 307 of the laws of 2011,  is
 amended to read as follows:
   2. A medical provider served with a subpoena duces tecum, other than a
 trial  subpoena  issued by a court OR A SUBPOENA ISSUED BY A GRAND JURY,
 requesting the production of a patient's  medical  records  pursuant  to
 this  rule need not respond or object to the subpoena if the subpoena is
 not accompanied by a written authorization by the patient. Any  subpoena
 served  upon  a  medical  provider  requesting  the medical records of a
 patient shall state in conspicuous  bold-faced  type  that  the  records
 shall  not be provided unless (I) the subpoena is accompanied by a writ-
 ten authorization by the patient, [or] (II) the  court  has  issued  the
 subpoena or otherwise directed the production of the documents, OR (III)
 THE  GRAND  JURY  HAS  ISSUED  THE  SUBPOENA  OR  OTHERWISE DIRECTED THE
 PRODUCTION OF THE DOCUMENTS.
   § 2. Section 4504 of the civil practice law and rules  is  amended  by
 adding a new subdivision (b-1) to read as follows:
   (B-1)   CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A  PHYSICIAN,
 DENTIST, PODIATRIST, CHIROPRACTOR, NURSE, AS WELL AS  THE  ENTITIES  AND
 ORGANIZATIONS  INCLUDED  IN  SUBDIVISION  (A)  OF THIS SECTION, SHALL BE
 REQUIRED TO DISCLOSE INFORMATION REGARDING A  PATIENT  WHO  HAS  BEEN  A
 VICTIM OF A CRIME AND DIRECTLY PERTAINING TO SUCH CRIME IN RESPONSE TO A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2019-S4759B - Details

See Assembly Version of this Bill:
A7885
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122, §4504, CPLR
Versions Introduced in 2021-2022 Legislative Session:
S436, A2333

2019-S4759B - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

2019-S4759B - Sponsor Memo

2019-S4759B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4759--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  committee  --  recommitted  to the Committee on Judiciary in
   accordance with Senate Rule 6, sec. 8 --  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 permit-
   ting grand jury inspection of medical  records  pursuant  to  subpoena
   duces tecum powers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (a) of rule 3122  of  the  civil
 practice  law and rules, as added by chapter 307 of the laws of 2011, is
 amended to read as follows:
   2. A medical provider served with a subpoena duces tecum, other than a
 trial subpoena issued by a court OR A SUBPOENA ISSUED BY A  GRAND  JURY,
 requesting  the  production  of  a patient's medical records pursuant to
 this rule need not respond or object to the subpoena if the subpoena  is
 not  accompanied by a written authorization by the patient. Any subpoena
 served upon a medical provider  requesting  the  medical  records  of  a
 patient  shall  state  in  conspicuous  bold-faced type that the records
 shall not be provided unless (I) the subpoena is accompanied by a  writ-
 ten  authorization  by  the  patient, [or] (II) the court has issued the
 subpoena or otherwise directed the production of the documents, OR (III)
 A MAGISTRATE FROM THE COURT WHICH EMPANELED A GRAND JURY HAS ISSUED  THE
 SUBPOENA OR OTHERWISE DIRECTED THE PRODUCTION OF THE DOCUMENTS.
   §  2.  Section  4504 of the civil practice law and rules is amended by
 adding a new subdivision (b-1) to read as follows:
   (B-1)  CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A   PHYSICIAN,
 DENTIST,  PODIATRIST,  CHIROPRACTOR,  NURSE, AS WELL AS THE ENTITIES AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2019-S4759C (ACTIVE) - Details

See Assembly Version of this Bill:
A7885
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122, §4504, CPLR
Versions Introduced in 2021-2022 Legislative Session:
S436, A2333

2019-S4759C (ACTIVE) - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

2019-S4759C (ACTIVE) - Sponsor Memo

2019-S4759C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4759--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  committee  --  recommitted  to the Committee on Judiciary in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting  grand  jury  inspection  of medical records pursuant to subpoena
   duces tecum powers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  2 of subdivision (a) of rule 3122 of the civil
 practice law and rules, as added by chapter 307 of the laws of 2011,  is
 amended to read as follows:
   2. A medical provider served with a subpoena duces tecum, other than a
 trial  subpoena  issued  by  a court OR A SUBPOENA ISSUED ON BEHALF OF A
 GRAND JURY AND SUBSCRIBED BY A MAGISTRATE FROM THE COURT WHICH EMPANELED
 SAID GRAND JURY,  requesting  the  production  of  a  patient's  medical
 records pursuant to this rule need not respond or object to the subpoena
 if  the  subpoena  is  not accompanied by a written authorization by the
 patient. Any subpoena served upon  a  medical  provider  requesting  the
 medical  records of a patient shall state in conspicuous bold-faced type
 that the records shall not be provided unless (I) the subpoena is accom-
 panied by a written authorization by the patient, [or]  (II)  the  court
 has  issued  the  subpoena  or  otherwise directed the production of the
 documents, OR (III) A MAGISTRATE FROM THE COURT WHICH EMPANELED A  GRAND
 JURY HAS SUBSCRIBED THE SUBPOENA ISSUED ON BEHALF OF THE GRAND JURY.
   §  2.  Section  4504 of the civil practice law and rules is amended by
 adding a new subdivision (b-1) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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