Senate Bill S2058

Signed By Governor
2017-2018 Legislative Session

Relates to out of state hospital records produced pursuant to subpoena

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S2058 (ACTIVE) - Details

See Assembly Version of this Bill:
A6655
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4518, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S7534, A9858
2015-2016: S1597, A3406

2017-S2058 (ACTIVE) - Summary

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

2017-S2058 (ACTIVE) - Sponsor Memo

2017-S2058 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2058
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 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)] (THIRTEEN) of [subdivi-
 sion 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
 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.
              

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