senate Bill S4947

2013-2014 Legislative Session

Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
May 01, 2013 referred to codes

S4947 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง400.00 & 400.02, Pen L

S4947 - Summary

Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual; prohibits the condition of the consent of release for an application.

S4947 - Sponsor Memo

S4947 - Bill Text download pdf

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

                                  4947

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to prohibiting the release of
  personal medical records or information without a warrant  or  express
  written authorization of the individual

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

  Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  331  of  the  laws  of 2005, is amended to read as
follows:
  4. Investigation. Before a license is issued or renewed,  there  shall
be an investigation of all statements required in the application by the
duly  constituted police authorities of the locality where such applica-
tion is made. For that purpose, the records of the appropriate office of
the department of mental hygiene concerning previous or  present  mental
illness of the applicant shall be available for inspection by the inves-
tigating  officer  of  the  police  authority. In order to ascertain any
previous criminal record, the investigating officer shall take the fing-
erprints and physical descriptive data in quadruplicate of each individ-
ual by whom the application is signed and verified. Two copies  of  such
fingerprints  shall  be taken on standard fingerprint cards eight inches
square, and one copy may be taken on a card supplied for that purpose by
the federal bureau of investigation; provided, however, that in the case
of a corporate applicant that  has  already  been  issued  a  dealer  in
firearms  license  and seeks to operate a firearm dealership at a second
or subsequent location, the original fingerprints on file may be used to
ascertain any criminal record in the second  or  subsequent  application
unless any of the corporate officers have changed since the prior appli-
cation, in which case the new corporate officer shall comply with proce-
dures governing an initial application for such license. When completed,
one  standard card shall be forwarded to and retained by the division of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10432-03-3

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