senate Bill S4586A

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7465 - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.307
Jul 22, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.916
substituted for s4586a
Jun 16, 2011 substituted by a7465a
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.916
May 26, 2011 print number 4586a
amend and recommit to judiciary
Apr 13, 2011 referred to judiciary

S4586 - Details

See Assembly Version of this Bill:
A7465A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §2302, R3122, CPLR

S4586 - 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.

S4586 - Sponsor Memo

S4586 - Bill Text download pdf

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

                                  4586

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

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.

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

S. 4586                             2

S4586A (ACTIVE) - Details

See Assembly Version of this Bill:
A7465A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §2302, R3122, CPLR

S4586A (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.

S4586A (ACTIVE) - Sponsor Memo

S4586A (ACTIVE) - Bill Text download pdf

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

                                 4586--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.
                                                           LBD09303-02-1

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