senate Bill S1514

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 - Stricken


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 23, 2010 recommit, enacting clause stricken
Jan 06, 2010 referred to codes
Feb 02, 2009 referred to codes

S1514 (ACTIVE) - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd Ā§3102, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: S3296
2013-2014: S1046
2015-2016: S287
2017-2018: S243
2019-2020: S6194

S1514 (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.

S1514 (ACTIVE) - Sponsor Memo

S1514 (ACTIVE) - Bill Text download pdf

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

                                  1514

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

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

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