Senate Bill S436

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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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2021-S436 (ACTIVE) - Details

See Assembly Version of this Bill:
A2333
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122, §4504, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S4759, A7885

2021-S436 (ACTIVE) - Summary

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

2021-S436 (ACTIVE) - Sponsor Memo

2021-S436 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    436
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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  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:
   (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 AS REASONABLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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