S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. DeFRANCISCO -- 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 enact-
ing the "patient privacy protection act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "patient privacy protection act".
S 2. Section 3102 of the civil practice law and rules is amended by
adding a new subdivision (c-1) to read as follows:
(C-1) EX-PARTE INTERVIEWS. IN ANY ACTION INVOLVING PERSONAL INJURY,
MEDICAL, DENTAL OR PODIATRIC MALPRACTICE, OR WRONGFUL DEATH, NO PARTY OR
ANYONE ACTING ON BEHALF OF A PARTY MAY EITHER DIRECTLY OR INDIRECTLY
CONDUCT EX-PARTE INTERVIEWS WITH THE TREATING PHYSICIANS OR OTHER HEALTH
CARE PROVIDERS OF ANY OTHER PARTY. NOTHING IN THIS SUBDIVISION SHALL
PROHIBIT AN ATTORNEY OR THE AGENT OR EMPLOYEE OF AN ATTORNEY WHO REPRES-
ENTS THE PATIENT, THE ESTATE OF THE PATIENT, OR THE NATURAL OR DULY
APPOINTED GUARDIAN OF THE PATIENT WHOSE CONDITION IS AT ISSUE IN THE
ACTION FROM CONDUCTING EX-PARTE CONVERSATIONS WITH A TREATING PHYSICIAN
OR OTHER HEALTH CARE PROVIDER OF THE PATIENT.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all actions involving personal
injury, medical, dental or podiatric malpractice, or wrongful death
filed on and after such date and to all such actions pending on such
effective date except as to conduct prohibited by section two of this
act which occurred prior to such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.