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Assembly Bill A7465

Signed By Governor

2011-2012 Legislative Session

Clarifies, that in the absence of a patient's authorization, a trial subpoena duces tecum seeking the production of medical records may be issued by the court

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-A7465 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §2302, R3122, CPLR

2011-A7465 - Summary

Clarifies, that in the absence of a patient's authorization, a trial subpoena duces tecum seeking the production of medical records may be issued by the court.

2011-A7465 - Bill Text download pdf 

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

                                  7465

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M. of A. ZEBROWSKI -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to subpoe-
  nas duces tecum for medical records

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

  Section  1.  Subdivision (b) of section 2302 of the civil practice law
and rules, as amended by chapter 136 of the laws of 2007, is amended  to
read as follows:
  (b)  Issuance by court. A subpoena to compel production of an original
record or document where a certified transcript or copy is admissible in
evidence, or to compel attendance of any person confined in a penitenti-
ary or jail, shall be issued by  the  court.  Unless  the  court  orders
otherwise,  a  motion  for  such  subpoena shall be made on at least one
day's notice to the person having custody of  the  record,  document  or
person  confined.  A subpoena to produce a prisoner so confined shall be
issued by a judge to whom a petition for habeas  corpus  could  be  made
under subdivision (b) of section seven thousand two of this chapter or a
judge  of the court of claims, if the matter is pending before the court
of claims, or a judge of the surrogate's court, if the matter is pending
before the surrogate's court, or a judge or support  magistrate  of  the
family  court,  if  the  matter is pending before the family court, or a
judge of the New York city civil court, if the matter is pending  before
the  New  York city civil court and it has been removed thereto from the
supreme court pursuant to subdivision (d) of section three hundred twen-
ty-five of this chapter.   IN THE  ABSENCE  OF  AN  AUTHORIZATION  BY  A
PATIENT,  A  SUBPOENA  DUCES TECUM FOR THE PATIENT'S MEDICAL RECORDS MAY
ONLY BE ISSUED BY A COURT.
  S 2. Subdivision (a) of rule 3122 of the civil practice law and rules,
as amended by chapter 575 of the laws of 2002, is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09303-01-1

co-Sponsors

multi-Sponsors

2011-A7465A (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §2302, R3122, CPLR

2011-A7465A (ACTIVE) - Summary

Clarifies, that in the absence of a patient's authorization, a trial subpoena duces tecum seeking the production of medical records may be issued by the court.

2011-A7465A (ACTIVE) - Bill Text download pdf 

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

                                 7465--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M. of A. ZEBROWSKI -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to subpoe-
  nas duces tecum for medical records

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

  Section 1. Subdivision (b) of section 2302 of the civil  practice  law
and  rules, as amended by chapter 136 of the laws of 2007, is amended to
read as follows:
  (b) Issuance by court. A subpoena to compel production of an  original
record or document where a certified transcript or copy is admissible in
evidence, or to compel attendance of any person confined in a penitenti-
ary  or  jail,  shall  be  issued  by the court. Unless the court orders
otherwise, a motion for such subpoena shall be  made  on  at  least  one
day's  notice  to  the  person having custody of the record, document or
person confined. A subpoena to produce a prisoner so confined  shall  be
issued  by  a  judge  to whom a petition for habeas corpus could be made
under subdivision (b) of section seven thousand two of this chapter or a
judge of the court of claims, if the matter is pending before the  court
of claims, or a judge of the surrogate's court, if the matter is pending
before  the  surrogate's  court, or a judge or support magistrate of the
family court, if the matter is pending before the  family  court,  or  a
judge  of the New York city civil court, if the matter is pending before
the New York city civil court and it has been removed thereto  from  the
supreme court pursuant to subdivision (d) of section three hundred twen-
ty-five  of  this  chapter.    IN  THE  ABSENCE OF AN AUTHORIZATION BY A
PATIENT, A TRIAL SUBPOENA DUCES TECUM FOR THE PATIENT'S MEDICAL  RECORDS
MAY ONLY BE ISSUED BY A COURT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09303-03-1

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