senate Bill S1597

2015-2016 Legislative Session

Relates to out of state hospital records produced pursuant to subpoena

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (23)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2016 referred to judiciary
returned to assembly
repassed senate
Jun 01, 2016 amended on third reading 1597a
Jun 01, 2016 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Mar 15, 2016 referred to judiciary
delivered to assembly
passed senate
Mar 07, 2016 advanced to third reading
Mar 02, 2016 2nd report cal.
Mar 01, 2016 1st report cal.294
Jan 06, 2016 referred to judiciary
returned to senate
died in assembly
Mar 25, 2015 referred to judiciary
delivered to assembly
passed senate
Mar 02, 2015 advanced to third reading
Feb 26, 2015 2nd report cal.
Feb 25, 2015 1st report cal.110
Jan 13, 2015 referred to judiciary

Votes

view votes

Mar 1, 2016 - Judiciary committee Vote

S1597
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Feb 25, 2015 - Judiciary committee Vote

S1597
20
0
committee
20
Aye
0
Nay
0
Aye with Reservations
0
Absent
3
Excused
0
Abstained
show Judiciary committee vote details

S1597 - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4518, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S7534
2017-2018: S2058

S1597 - Summary

Relates to out-of-state hospital records produced pursuant to subpoena.

S1597 - Sponsor Memo

S1597 - Bill Text download pdf

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

                                  1597

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03045-01-5

S1597A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4518, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S7534
2017-2018: S2058

S1597A (ACTIVE) - Summary

Relates to out-of-state hospital records produced pursuant to subpoena.

S1597A (ACTIVE) - Sponsor Memo

S1597A (ACTIVE) - Bill Text download pdf

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

                                 1597--A
    Cal. No. 294

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee, ordered to first and second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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)] (13) of [subdivision
one] SUBSECTION (A) 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
certification  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

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

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