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This entry was published on 2022-07-08
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SECTION 6348
Protections for health care providers applying for an extreme risk protection order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 63-A
§ 6348. Protections for health care providers applying for an extreme
risk protection order. 1. (a) Notwithstanding the privileges set forth
in article forty-five of this chapter, or any other provision of law to
the contrary, a health care provider authorized under paragraph (d) of
subdivision two of section sixty-three hundred forty of this article to
file an application for an extreme risk protection order against a
person such health care provider has examined shall, upon filing any
application for an extreme risk protection order, be authorized to
disclose protected health information, of the person against whom such
order is sought as are necessary for the full investigation and
disposition of such application for an extreme risk protection order
under this article. When disclosing protected health information, such
health care provider shall make reasonable efforts to limit protected
health information to the minimum necessary to accomplish the filing of
the application.

(b) Upon receipt of a petition by any health care provider identified
in paragraph (a) of this subdivision and for good cause shown, the court
may issue orders as may be necessary to obtain any records or documents
relating to diagnosis, prognosis or treatment, and clinical records, of
the patient against whom the order is sought as are necessary for the
full investigation and disposition of an application for an extreme risk
protection order under this article. All such records and other health
information provided shall be sealed by the court.

2. The decision of any health care provider described in subdivision
one of this section to disclose or not to disclose records or documents
relating to the diagnosis, prognosis or treatment, and clinical records
of a patient under paragraphs (a) and (b) of subdivision one of this
section, when made reasonably and in good faith, shall not be the basis
for any civil or criminal liability with respect to such health care
provider.