senate Bill S5074A

2013-2014 Legislative Session

Relates to waiver of privileged confidential information

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 referred to codes
delivered to assembly
passed senate
Feb 04, 2014 advanced to third reading
Feb 03, 2014 2nd report cal.
Jan 28, 2014 1st report cal.82
Jan 08, 2014 referred to judiciary
returned to senate
died in assembly
Jun 11, 2013 referred to codes
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1022
May 13, 2013 print number 5074a
amend and recommit to judiciary
May 08, 2013 referred to judiciary

Votes

view votes

Jan 28, 2014 - Judiciary committee Vote

S5074A
19
0
committee
19
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Jun 4, 2013 - Judiciary committee Vote

S5074A
19
0
committee
19
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

S5074 - Details

See Assembly Version of this Bill:
A7280
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4504, CPLR

S5074 - 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.

S5074 - Sponsor Memo

S5074 - Bill Text download pdf

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

                                  5074

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

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.
  AN  OPERATOR  OF A MOTOR VEHICLE IN THIS STATE SHALL BE DEEMED TO HAVE
WAIVED THIS PRIVILEGE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09759-01-3

S5074A (ACTIVE) - Details

See Assembly Version of this Bill:
A7280
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4504, CPLR

S5074A (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.

S5074A (ACTIVE) - Sponsor Memo

S5074A (ACTIVE) - Bill Text download pdf

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

                                 5074--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09759-03-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.