assembly Bill A1254A

2009-2010 Legislative Session

Prohibits interviews of other party's treating physicians or health care providers in malpractice or wrongful death actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 12, 2010 amended on third reading 1254a
Jan 06, 2010 ordered to third reading cal.112
returned to assembly
died in senate
committed to rules
returned to senate
Jun 18, 2009 returned to assembly
Jun 16, 2009 recalled from senate
Feb 05, 2009 referred to codes
delivered to senate
passed assembly
Jan 22, 2009 advanced to third reading cal.16
reported
Jan 07, 2009 referred to judiciary

A1254 - Details

See Senate Version of this Bill:
S3203
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A694
2013-2014: A2365
2015-2016: A242
2017-2018: A1404, A9030
2019-2020: A2370
2021-2022: A1490

A1254 - Summary

Prohibits interviews of other party's treating physicians or health care providers in personal injury medical, dental, or podiatric malpractice or wrongful death actions.

A1254 - Bill Text download pdf

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

                                  1254

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. LANCMAN, WEINSTEIN, SCHROEDER, PERALTA, KELLNER
  -- Multi-Sponsored by -- M. of  A.  BING,  BOYLAND,  JAFFEE,  PHEFFER,
  TITONE -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
  ex-parte interviews of non-party treating physicians and  health  care
  providers in certain actions

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

  Section 1. Section 3102 of the civil practice law and rules is amended
by adding a new subdivision (c-1) to read as follows:
  (C-1) EX-PARTE INTERVIEWS. IN ANY ACTION  INVOLVING  PERSONAL  INJURY,
MEDICAL, DENTAL, OR PODIATRIC MALPRACTICE OR WRONGFUL DEATH, NO PARTY OR
ANYONE  ACTING  ON  BEHALF  OF A PARTY MAY EITHER DIRECTLY OR INDIRECTLY
CONDUCT EX-PARTE INTERVIEWS WITH THE TREATING PHYSICIANS OR OTHER HEALTH
CARE PROVIDERS OF ANY OTHER PARTY.   NOTHING IN THIS  SUBDIVISION  SHALL
PROHIBIT AN ATTORNEY OR THE AGENT OR EMPLOYEE OF AN ATTORNEY WHO REPRES-
ENTS  THE  PATIENT,  THE  ESTATE  OF THE PATIENT, OR THE NATURAL OR DULY
APPOINTED GUARDIAN OF THE PATIENT WHOSE CONDITION IS  AT  ISSUE  IN  THE
ACTION  FROM CONDUCTING EX-PARTE CONVERSATIONS WITH A TREATING PHYSICIAN
OR OTHER HEALTH CARE PROVIDER OF THE PATIENT.
  S 2. This act shall take effect immediately and  shall  apply  to  all
actions involving personal injury, medical, dental or podiatric malprac-
tice, or wrongful death filed on and after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01062-01-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A1254A (ACTIVE) - Details

See Senate Version of this Bill:
S3203
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A694
2013-2014: A2365
2015-2016: A242
2017-2018: A1404, A9030
2019-2020: A2370
2021-2022: A1490

A1254A (ACTIVE) - Summary

Prohibits interviews of other party's treating physicians or health care providers in personal injury medical, dental, or podiatric malpractice or wrongful death actions.

A1254A (ACTIVE) - Sponsor Memo

A1254A (ACTIVE) - Bill Text download pdf

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

                                 1254--A
                                                        Cal. No. 112

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. LANCMAN, WEINSTEIN, SCHROEDER, PERALTA, KELLNER,
  COLTON -- Multi-Sponsored by -- M. of A. BING, BOYLAND, JAFFEE,  PHEF-
  FER, TITONE -- read once and referred to the Committee on Judiciary --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
  ex-parte  interviews  of non-party treating physicians and health care
  providers in certain actions

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

  Section 1. Section 3102 of the civil practice law and rules is amended
by adding a new subdivision (c-1) to read as follows:
  (C-1)  EX-PARTE  INTERVIEWS.  IN ANY ACTION INVOLVING PERSONAL INJURY,
MEDICAL, DENTAL, OR PODIATRIC MALPRACTICE OR WRONGFUL DEATH, NO PARTY OR
ANYONE ACTING ON BEHALF OF A PARTY MAY  EITHER  DIRECTLY  OR  INDIRECTLY
CONDUCT EX-PARTE INTERVIEWS WITH THE TREATING PHYSICIANS OR OTHER HEALTH
CARE  PROVIDERS  OF  ANY OTHER PARTY.  NOTHING IN THIS SUBDIVISION SHALL
PROHIBIT AN ATTORNEY OR THE AGENT OR EMPLOYEE OF AN ATTORNEY WHO REPRES-
ENTS THE PATIENT, THE ESTATE OF THE PATIENT,  OR  THE  NATURAL  OR  DULY
APPOINTED  GUARDIAN  OF  THE  PATIENT WHOSE CONDITION IS AT ISSUE IN THE
ACTION FROM CONDUCTING EX-PARTE CONVERSATIONS WITH A TREATING  PHYSICIAN
OR OTHER HEALTH CARE PROVIDER OF THE PATIENT.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply  to  all  actions  involving  personal
injury,  medical,  dental  or  podiatric  malpractice, or wrongful death
filed on and after such date and to all such  actions  pending  on  such
effective  date  except  as to conduct prohibited by section one of this
act which occurred prior to such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01062-07-9