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

                                  3406

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03045-01-5
              

A. 3406                             2

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
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.