Legislation
SECTION 2306
Hospital records; medical records of department or bureau of a municipal corporation or of the state
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 23
§ 2306. Hospital records; medical records of department or bureau of a
municipal corporation or of the state. (a) Transcript or reproduction.
Where a subpoena duces tecum is served upon a hospital, or upon a
department or bureau of a municipal corporation or of the state, or an
officer thereof, requiring the production of records relating to the
condition or treatment of a patient, a transcript or a full-sized
legible reproduction, certified as correct by the superintendent or head
of the hospital, department or bureau or his assistant, or the officer,
may be produced unless otherwise ordered by a court. Such a subpoena
shall be served at least three days before the time fixed for the
production of the records unless otherwise ordered by a court.
(b) Delivery to clerk. Where a court has designated a clerk to receive
records described in subdivision (a), delivery may be made to him at or
before the time fixed for their production. The clerk shall give a
receipt for the records and notify the person subpoenaed when they are
no longer required. The records shall be delivered in a sealed envelope
indicating the title of the action, the date fixed for production and
the name and address of the attorney appearing on the subpoena. They
shall be available for inspection pursuant to the rules or order of the
court.
municipal corporation or of the state. (a) Transcript or reproduction.
Where a subpoena duces tecum is served upon a hospital, or upon a
department or bureau of a municipal corporation or of the state, or an
officer thereof, requiring the production of records relating to the
condition or treatment of a patient, a transcript or a full-sized
legible reproduction, certified as correct by the superintendent or head
of the hospital, department or bureau or his assistant, or the officer,
may be produced unless otherwise ordered by a court. Such a subpoena
shall be served at least three days before the time fixed for the
production of the records unless otherwise ordered by a court.
(b) Delivery to clerk. Where a court has designated a clerk to receive
records described in subdivision (a), delivery may be made to him at or
before the time fixed for their production. The clerk shall give a
receipt for the records and notify the person subpoenaed when they are
no longer required. The records shall be delivered in a sealed envelope
indicating the title of the action, the date fixed for production and
the name and address of the attorney appearing on the subpoena. They
shall be available for inspection pursuant to the rules or order of the
court.