Senate Bill S7570

2011-2012 Legislative Session

Relates to waiver of privileged confidential information

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2012	referred to judiciary

2011-S7570 (ACTIVE) - Details

See Assembly Version of this Bill:: A10344
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §4504, CPLR

2011-S7570 (ACTIVE) - Summary

Relates to waiver of privileged confidential information.

2011-S7570 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7570

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to waiver of
privileged confidential information

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Advisory Committee on Civil Practice.

CPLR 4504 creates an evidentiary privilege governing communications
between a patient and his or her physician, as well as other named
persons attending a patient in a professional capacity, regarding
information necessary to enable that physician or other named person
to act in that professional capacity. In recent years, court
decisions have made clear that, under this statute, the results of
any tests administered following a motor vehicle accident which
reveal the alcohol or drug contents in the body of the operator of a
motor vehicle are not to be discoverable nor admitted into evidence
in a civil action unless the test is administered at the direction of
a public officer or by court order. (See, Dillenbeckv. Hess, 73
N.Y.2d 278 (1989); Neferis v. DeStefano, 265 A.D.2d (2d Dept.
1999); Fox v. Marshall, 2012 NY Slip Op. 00328 (2d Dept., Jan. 2012);
NYS Vehicle and Traffic Law § 1194).

We believe that the Legislature must address the evidentiary problem
unforeseen at the time the privilege was enacted. This measure would
do this. It would enact a waiver of the privilege by an operator of a
motor vehicle in this state who has been in a motor vehicle accident
upon whom medical tests were administered following the accident,
solely as to the results of the tests administered where the tests
reveal the contents of alcohol or drugs in the driver's body and for
the exclusive purpose of use in a civil action.

In this regard, we agree with the views expressed by the dissent in
Dillenbeck that such an amendment would further the strong public
policy of this State to prevent the driving of a motor vehicle while
impaired by alcohol or drugs.

This measure is intentionally narrow and does not infringe upon the
confidentiality between a patient and his or her health care
provider. The waiver does not include notes or observations made or
recorded in a patient's chart nor a patient's statements made in the
emergency room or elsewhere nor any other test results nor any
written or verbal communication between the patient and his or her
health care professional. This permits the trial court to allow the
discovery of and admission into evidence the results of a test taken
after a motor vehicle accident revealing the alcohol or drug contents
in the motor vehicle operator's body.

This measure, which would have no fiscal impact on the State, would
take effect January first next following the date it becomes a law
and apply to actions commencing on or after such effective date.

2012 LEGISLATIVE HISTORY:


None. New proposal.

2011-S7570 (ACTIVE) - Bill Text download pdf

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

                                  7570

                            I N  S E N A T E

                              June 5, 2012
                               ___________

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 waiver
  of privileged confidential information

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

  Section  1.  Subdivision (a) of section 4504 of the civil practice law
and rules, as amended by chapter 555 of the laws of 1993, is amended  to
read as follows:
  (a) Confidential information privileged. Unless the patient waives the
privilege,  a person authorized to practice medicine, registered profes-
sional nursing,  licensed  practical  nursing,  dentistry,  podiatry  or
chiropractic  shall  not be allowed to disclose any information which he
OR SHE acquired in attending a patient in a professional  capacity,  and
which  was  necessary  to enable him OR HER to act in that capacity. The
relationship of a physician and patient shall exist  between  a  medical
corporation,  as defined in article forty-four of the public health law,
a professional service corporation organized under  article  fifteen  of
the  business corporation law to practice medicine, a university faculty
practice corporation organized under section fourteen hundred twelve  of
the  not-for-profit  corporation  law to practice medicine or dentistry,
and the patients to whom they respectively render  professional  medical
services.
  FOR  THE  EXCLUSIVE PURPOSE OF USE IN A CIVIL ACTION, AN OPERATOR OF A
MOTOR VEHICLE IN THIS STATE SHALL BE DEEMED TO HAVE WAIVED  THIS  PRIVI-
LEGE  IN  REGARD  TO  THE  RESULTS OF ANY TESTS ADMINISTERED FOLLOWING A
MOTOR VEHICLE ACCIDENT WHICH REVEAL THE ALCOHOL OR DRUG CONTENTS IN SUCH
OPERATOR'S BODY. A patient who, for the purpose of  obtaining  insurance
benefits, authorizes the disclosure of any such privileged communication
to  any  person shall not be deemed to have waived the privilege created
by this subdivision. For purposes of this subdivision:
  1. "person" shall mean any individual, insurer or agent thereof,  peer
review  committee, public or private corporation, political subdivision,

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

                                                           LBD15649-02-2

S. 7570                             2

government agency, department or  bureau  of  the  state,  municipality,
industry,  co-partnership, association, firm, trust, estate or any other
legal entity whatsoever; and
  2.  "insurance  benefits"  shall include payments under a self-insured
plan.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to any
action commenced on or after that date.

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Senate Bill S7570

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2011-S7570 (ACTIVE) - Details

2011-S7570 (ACTIVE) - Summary

2011-S7570 (ACTIVE) - Sponsor Memo

2011-S7570 (ACTIVE) - Bill Text download pdf

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2011-S7570 (ACTIVE) - Details

2011-S7570 (ACTIVE) - Summary

2011-S7570 (ACTIVE) - Sponsor Memo

2011-S7570 (ACTIVE) - Bill Text download pdf

Comments