S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7534

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. BONACIC -- 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 out  of
  state hospital records produced pursuant to subpoena

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (c) of rule 4518 of the civil practice law  and
rules, as amended by chapter 170 of the laws of 1994, is amended to read
as follows:
  (c)  Other records. All records, writings and other things referred to
in sections 2306 and 2307 are admissible in evidence under this rule and
are prima facie evidence of the facts contained, provided  they  bear  a
certification or authentication by the head of the hospital, laboratory,
department  or  bureau of a municipal corporation or of the state, or by
an employee delegated for that purpose  or  by  a  qualified  physician.
Where a hospital record is in the custody of a warehouse, or "warehouse-
man"  as  that  term  is  defined  by  paragraph  (h)  of  [subdivision]
SUBSECTION one of section 7-102 of the uniform commercial code, pursuant
to a plan approved in writing  by  the  state  commissioner  of  health,
admissibility  under  this  subdivision  may be established by a certif-
ication made by the manager of the warehouse that  sets  forth  (i)  the
authority  by  which  the record is held, including but not limited to a
court order, order of the commissioner, or order or  resolution  of  the
governing body or official of the hospital, and (ii) that the record has
been  in  the  exclusive custody of such warehouse or warehousemen since
its receipt from the hospital or, if another has had access to  it,  the
name  and  address  of such person and the date on which and the circum-
stances under which such access was had. Any  warehouseman  providing  a
certification  as  required  by this subdivision shall have no liability
for acts or omissions relating thereto, except for  intentional  miscon-
duct, and the warehouseman is authorized to assess and collect a reason-
able  charge  for providing the certification described by this subdivi-
sion. WHERE A HOSPITAL RECORD IS LOCATED IN A  JURISDICTION  OTHER  THAN
THIS  STATE,  ADMISSIBLY  UNDER  THIS  SUBDIVISION MAY BE ESTABLISHED BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15220-01-4

S. 7534                             2

EITHER A CERTIFICATION OR AUTHENTICATION BY THE HEAD  OF  THE  HOSPITAL,
LABORATORY,  DEPARTMENT  OR  BUREAU OF A MUNICIPAL CORPORATION OR OF THE
STATE, OR BY AN EMPLOYEE DELEGATED FOR THAT PURPOSE; OR A  CERTIFICATION
MADE  IN THE MANNER PROVIDED FOR IN THE LAWS OF THE JURISDICTION WHEREIN
THE HOSPITAL RECORD IS LOCATED. AN ENDORSEMENT IN THE  CERTIFICATION  TO
THAT  EFFECT  BY  THE CERTIFIER OF THE RECORD SHALL BE PRIMA FACIE PROOF
THAT CERTIFICATION HAS BEEN MADE IN THE MANNER PROVIDED FOR IN THE  LAWS
OF THE RELEVANT JURISDICTION. PROVIDED, HOWEVER, THAT CERTIFICATION OF A
HOSPITAL RECORD LOCATED IN A JURISDICTION OUTSIDE THE UNITED STATES, ITS
TERRITORIES  AND POSSESSIONS, MUST ALSO COMPLY WITH ALL OTHER APPLICABLE
PROVISIONS OF THE LAWS OF THIS STATE.
  S 2. This act shall take effect immediately.