STATE OF NEW YORK
________________________________________________________________________
7885--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 28, 2019
___________
Introduced by M. of A. STERN -- read once and referred to the Committee
on Judiciary -- recommitted to the Committee on Judiciary in accord-
ance with Assembly Rule 3, sec. 2 -- 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:
1 Section 1. Paragraph 2 of subdivision (a) of rule 3122 of the civil
2 practice law and rules, as added by chapter 307 of the laws of 2011, is
3 amended to read as follows:
4 2. A medical provider served with a subpoena duces tecum, other than a
5 trial subpoena issued by a court or a subpoena issued on behalf of a
6 grand jury and subscribed by a magistrate from the court which empaneled
7 said grand jury, requesting the production of a patient's medical
8 records pursuant to this rule need not respond or object to the subpoena
9 if the subpoena is not accompanied by a written authorization by the
10 patient. Any subpoena served upon a medical provider requesting the
11 medical records of a patient shall state in conspicuous bold-faced type
12 that the records shall not be provided unless (i) the subpoena is accom-
13 panied by a written authorization by the patient, [or] (ii) the court
14 has issued the subpoena or otherwise directed the production of the
15 documents, or (iii) a magistrate from the court which empaneled a grand
16 jury has subscribed the subpoena issued on behalf of the grand jury.
17 § 2. Section 4504 of the civil practice law and rules is amended by
18 adding a new subdivision (b-1) to read as follows:
19 (b-1) Crime committed against patient; generally. A physician,
20 dentist, podiatrist, chiropractor, nurse, as well as the entities and
21 organizations included in subdivision (a) of this section, shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08333-07-0
A. 7885--A 2
1 required to disclose information regarding a patient who has been a
2 victim of a crime and directly pertaining to such crime as reasonably
3 specified in: (i) a trial subpoena issued by a court; or (ii) a subpoena
4 issued on behalf of a grand jury and subscribed by a magistrate from the
5 court which empaneled said grand jury.
6 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
7 sion, section or part of this act shall be adjudged by any court of
8 competent jurisdiction to be invalid, such judgment shall not affect,
9 impair, or invalidate the remainder thereof, but shall be confined in
10 its operation to the clause, sentence, paragraph, subdivision, section
11 or part thereof directly involved in the controversy in which such judg-
12 ment shall have been rendered. It is hereby declared to be the intent of
13 the legislature that this act would have been enacted even if such
14 invalid provisions had not been included herein.
15 § 4. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.