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Assembly Bill A7280

2013-2014 Legislative Session

Relates to waiver of privileged confidential information

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Archive: Last Bill Status - In Assembly Committee

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2013-A7280 (ACTIVE) - Details

See Senate Version of this Bill:
S5074
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง4504, CPLR

2013-A7280 (ACTIVE) - Summary

Provides that in a civil action, an operator of a motor vehicle in this state shall be deemed to have waived privileged confidential information in regard to the results of any tests administered following a motor vehicle accident which reveal the alcohol or drug content in such operator's body.

2013-A7280 (ACTIVE) - Bill Text download pdf 

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

                                  7280

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2013
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (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  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09759-02-3

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