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Senate Bill S904

2009-2010 Legislative Session

Requires release to child protective services of children's medical records in certain circumstances where child reported as abused or molested

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2009-S904 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Add ยง425-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1962, S6199
2013-2014: S3228

2009-S904 (ACTIVE) - Summary

Provides for the release of all medical records of the examination or treatment of any child reported as an abused or maltreated child upon the written request of the child protective service of a local department of social services certifying that such child has been reported as abused or maltreated; provides such records shall have the names of the alleged abusers deleted and provides such records shall be kept confidential.

2009-S904 (ACTIVE) - Sponsor Memo

2009-S904 (ACTIVE) - Bill Text download pdf 

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

                                   904

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to  requiring  that
  medical  records  of  children  who  have  been  reported as abused or
  maltreated be released to the child protective services

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

  Section 1.  The social services law is amended by adding a new section
425-a to read as follows:
  S 425-A. RELEASE OF MEDICAL RECORDS. UPON THE SWORN WRITTEN REQUEST OF
THE  HEAD  OF  A  LOCAL  SOCIAL  SERVICES  DEPARTMENT OR DISTRICT, WHICH
REQUEST SHALL INDICATE THAT A CERTAIN CHILD  HAS  BEEN  REPORTED  AS  AN
ABUSED  OR  MALTREATED  CHILD AND WHICH SHALL ALSO INDICATE THE DATES OF
SUCH ALLEGED ABUSE OR MALTREATMENT, A PHYSICIAN, HOSPITAL, OTHER MEDICAL
FACILITY OR OTHER PERSON MAKING SUCH REPORT WHO HAS EXAMINED SUCH CHILD,
SHALL RELEASE ALL MEDICAL RECORDS, OR COPIES THEREOF, OF THE EXAMINATION
OR TREATMENT OF SUCH CHILD, SPECIFICALLY RELATING TO THE  ALLEGED  ABUSE
OR  MALTREATMENT,  TO  THE CHILD PROTECTIVE SERVICE OF SUCH LOCAL SOCIAL
SERVICES DEPARTMENT OR DISTRICT. SUCH RECORDS SHALL HAVE  THE  NAMES  OF
THE  ALLEGED  ABUSERS  DELETED AND SHALL BE KEPT CONFIDENTIAL UNTIL SUCH
TIME AS DETERMINED BY THE APPROPRIATE COURT. THE LOCAL  SOCIAL  SERVICES
DEPARTMENT OR DISTRICT SHALL PAY SUCH ADMINISTRATIVE OR HANDLING FEES TO
SUCH  PHYSICIAN,  HOSPITAL  OR  MEDICAL FACILITY OR PERSON AS THEY SHALL
REASONABLY CHARGE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06447-01-9

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