Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 10, 2014 |
referred to codes delivered to assembly passed senate |
Feb 04, 2014 |
advanced to third reading |
Feb 03, 2014 |
2nd report cal. |
Jan 28, 2014 |
1st report cal.82 |
Jan 08, 2014 |
referred to judiciary returned to senate died in assembly |
Jun 11, 2013 |
referred to codes delivered to assembly passed senate |
Jun 10, 2013 |
advanced to third reading |
Jun 05, 2013 |
2nd report cal. |
Jun 04, 2013 |
1st report cal.1022 |
May 13, 2013 |
print number 5074a |
May 13, 2013 |
amend and recommit to judiciary |
May 08, 2013 |
referred to judiciary |
Senate Bill S5074A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
2013-S5074 - Details
- See Assembly Version of this Bill:
- A7280
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §4504, CPLR
2013-S5074 - Summary
Provides that in a civil action, an operator of a motor vehicle in this state shall be deemed to have waived privileged confidential information in regard to the results of any tests administered following a motor vehicle accident which reveal the alcohol or drug content in such operator's body.
2013-S5074 - Sponsor Memo
BILL NUMBER:S5074 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to waiver of privileged confidential information This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. CPLR 4504 creates an evidentiary privilege governing communications between a patient and his or her physician, as well as other named persons attending a patient in a professional capacity, regarding information necessary to enable that physician or other named person to act in that professional capacity. In recent years, court decisions have made clear that, under this statute, the results of any tests administered following a motor vehicle accident which reveal the alcohol or drug contents in the body of the operator of a motor vehicle are not to be discoverable nor admitted into evidence in a civil action unless the test is administered at the direction of a public officer or by court order. (See, Dillenbeck v. Hess, 73 N.Y.2d 278 (1989); Neferis v. DeStefano, 265 A.D.2d (2d Dept. 1999); Fox v. Marshall, 2012 NY Slip Op. 00328 (2d Dept., Jan. 2012); NYS Vehicle and Traffic Law § 1194). We believe that the Legislature must address the evidentiary problem unforeseen at the time the privilege was enacted. This measure would
2013-S5074 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5074 2013-2014 Regular Sessions I N S E N A T E May 8, 2013 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- 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 waiver of privileged confidential information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 4504 of the civil practice law and rules, as amended by chapter 555 of the laws of 1993, is amended to read as follows: (a) Confidential information privileged. Unless the patient waives the privilege, a person authorized to practice medicine, registered profes- sional nursing, licensed practical nursing, dentistry, podiatry or chiropractic shall not be allowed to disclose any information which he OR SHE acquired in attending a patient in a professional capacity, and which was necessary to enable him OR HER to act in that capacity. The relationship of a physician and patient shall exist between a medical corporation, as defined in article forty-four of the public health law, a professional service corporation organized under article fifteen of the business corporation law to practice medicine, a university faculty practice corporation organized under section fourteen hundred twelve of the not-for-profit corporation law to practice medicine or dentistry, and the patients to whom they respectively render professional medical services. AN OPERATOR OF A MOTOR VEHICLE IN THIS STATE SHALL BE DEEMED TO HAVE WAIVED THIS PRIVILEGE IN REGARD TO THE RESULTS OF ANY TESTS ADMINISTERED FOLLOWING A MOTOR VEHICLE ACCIDENT WHICH REVEAL THE ALCOHOL OR DRUG CONTENTS IN SUCH OPERATOR'S BODY. A patient who, for the purpose of obtaining insurance benefits, authorizes the disclosure of any such privileged communication to any person shall not be deemed to have EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09759-01-3
2013-S5074A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7280
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §4504, CPLR
2013-S5074A (ACTIVE) - Summary
Provides that in a civil action, an operator of a motor vehicle in this state shall be deemed to have waived privileged confidential information in regard to the results of any tests administered following a motor vehicle accident which reveal the alcohol or drug content in such operator's body.
2013-S5074A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5074A TITLE OF BILL: An act to amend the civil practice law and rules, in relation to waiver of privileged confidential information This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. CPLR 4504 creates an evidentiary privilege governing communications between a patient and his or her physician, as well as other named persons attending a patient in a professional capacity, regarding information necessary to enable that physician or other named person to act in that professional capacity. In recent years, court decisions have made clear that, under this statute, the results of any tests administered following a motor vehicle accident which reveal the alcohol or drug contents in the body of the operator of a motor vehicle are not to be discoverable nor admitted into evidence in a civil action unless the test is administered at the direction of a public officer or by court order. (See, Dillenbeck v. Hess, 73 N.Y.2d 278 (1989); Neferis v. DeStefano, 265 A.D.2d (2d Dept. 1999); Fox v. Marshall, 2012 NY Slip Op. 00328 (2d Dept., Jan. 2012); NYS Vehicle and Traffic Law § 1194). We believe that the Legislature must address the evidentiary problem unforeseen at the time the privilege was enacted. This measure would
2013-S5074A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5074--A 2013-2014 Regular Sessions I N S E N A T E May 8, 2013 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- 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 commit- tee AN ACT to amend the civil practice law and rules, in relation to waiver of privileged confidential information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 4504 of the civil practice law and rules, as amended by chapter 555 of the laws of 1993, is amended to read as follows: (a) Confidential information privileged. Unless the patient waives the privilege, a person authorized to practice medicine, registered profes- sional nursing, licensed practical nursing, dentistry, podiatry or chiropractic shall not be allowed to disclose any information which he OR SHE acquired in attending a patient in a professional capacity, and which was necessary to enable him OR HER to act in that capacity. The relationship of a physician and patient shall exist between a medical corporation, as defined in article forty-four of the public health law, a professional service corporation organized under article fifteen of the business corporation law to practice medicine, a university faculty practice corporation organized under section fourteen hundred twelve of the not-for-profit corporation law to practice medicine or dentistry, and the patients to whom they respectively render professional medical services. FOR THE EXCLUSIVE PURPOSE OF USE IN A CIVIL ACTION, AN OPERATOR OF A MOTOR VEHICLE IN THIS STATE SHALL BE DEEMED TO HAVE WAIVED THIS PRIVI- LEGE IN REGARD TO THE RESULTS OF ANY TESTS ADMINISTERED FOLLOWING A MOTOR VEHICLE ACCIDENT WHICH REVEAL THE ALCOHOL OR DRUG CONTENTS IN SUCH OPERATOR'S BODY. A patient who, for the purpose of obtaining insurance EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09759-03-3
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