S T A T E O F N E W Y O R K
________________________________________________________________________
7534
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. BONACIC -- 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 out of
state hospital records produced pursuant to subpoena
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (c) of rule 4518 of the civil practice law and
rules, as amended by chapter 170 of the laws of 1994, is amended to read
as follows:
(c) Other records. All records, writings and other things referred to
in sections 2306 and 2307 are admissible in evidence under this rule and
are prima facie evidence of the facts contained, provided they bear a
certification or authentication by the head of the hospital, laboratory,
department or bureau of a municipal corporation or of the state, or by
an employee delegated for that purpose or by a qualified physician.
Where a hospital record is in the custody of a warehouse, or "warehouse-
man" as that term is defined by paragraph (h) of [subdivision]
SUBSECTION one of section 7-102 of the uniform commercial code, pursuant
to a plan approved in writing by the state commissioner of health,
admissibility under this subdivision may be established by a certif-
ication made by the manager of the warehouse that sets forth (i) the
authority by which the record is held, including but not limited to a
court order, order of the commissioner, or order or resolution of the
governing body or official of the hospital, and (ii) that the record has
been in the exclusive custody of such warehouse or warehousemen since
its receipt from the hospital or, if another has had access to it, the
name and address of such person and the date on which and the circum-
stances under which such access was had. Any warehouseman providing a
certification as required by this subdivision shall have no liability
for acts or omissions relating thereto, except for intentional miscon-
duct, and the warehouseman is authorized to assess and collect a reason-
able charge for providing the certification described by this subdivi-
sion. WHERE A HOSPITAL RECORD IS LOCATED IN A JURISDICTION OTHER THAN
THIS STATE, ADMISSIBLY UNDER THIS SUBDIVISION MAY BE ESTABLISHED BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15220-01-4
S. 7534 2
EITHER A CERTIFICATION OR AUTHENTICATION BY THE HEAD OF THE HOSPITAL,
LABORATORY, DEPARTMENT OR BUREAU OF A MUNICIPAL CORPORATION OR OF THE
STATE, OR BY AN EMPLOYEE DELEGATED FOR THAT PURPOSE; OR A CERTIFICATION
MADE IN THE MANNER PROVIDED FOR IN THE LAWS OF THE JURISDICTION WHEREIN
THE HOSPITAL RECORD IS LOCATED. AN ENDORSEMENT IN THE CERTIFICATION TO
THAT EFFECT BY THE CERTIFIER OF THE RECORD SHALL BE PRIMA FACIE PROOF
THAT CERTIFICATION HAS BEEN MADE IN THE MANNER PROVIDED FOR IN THE LAWS
OF THE RELEVANT JURISDICTION. PROVIDED, HOWEVER, THAT CERTIFICATION OF A
HOSPITAL RECORD LOCATED IN A JURISDICTION OUTSIDE THE UNITED STATES, ITS
TERRITORIES AND POSSESSIONS, MUST ALSO COMPLY WITH ALL OTHER APPLICABLE
PROVISIONS OF THE LAWS OF THIS STATE.
S 2. This act shall take effect immediately.