senate Bill S4759A

2019-2020 Legislative Session

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers

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Current Bill Status - On Floor Calendar


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 27, 2020 advanced to third reading
Feb 26, 2020 2nd report cal.
Feb 25, 2020 1st report cal.455
Feb 19, 2020 print number 4759c
Feb 19, 2020 amend and recommit to judiciary
Jan 10, 2020 print number 4759b
Jan 10, 2020 amend and recommit to judiciary
Jan 08, 2020 referred to judiciary
returned to senate
died in assembly
Jun 14, 2019 referred to judiciary
delivered to assembly
passed senate
Jun 04, 2019 advanced to third reading
Jun 03, 2019 2nd report cal.
May 30, 2019 1st report cal.1065
Mar 28, 2019 print number 4759a
Mar 28, 2019 amend and recommit to judiciary
Mar 25, 2019 referred to judiciary

Votes

view votes

Feb 25, 2020 - Judiciary committee Vote

S4759C
11
2
committee
11
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 25, 2020

aye wr (1)
excused (1)

May 30, 2019 - Judiciary committee Vote

S4759A
11
1
committee
11
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: May 30, 2019

nay (1)
aye wr (2)
excused (1)

S4759 - Details

See Assembly Version of this Bill:
A7885
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122 & §4504, CPLR

S4759 - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

S4759 - Sponsor Memo

S4759 - Bill Text download pdf


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

                                  4759

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 25, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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 permit-
  ting grand jury inspection of medical  records  pursuant  to  subpoena
  duces tecum powers

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

  Section 1. Paragraph 2 of subdivision (a) of rule 3122  of  the  civil
practice  law and rules, as added by chapter 307 of the laws of 2011, is
amended to read as follows:
  2. A medical provider served with a subpoena duces tecum, other than a
trial subpoena issued by a court OR A SUBPOENA ISSUED BY A  GRAND  JURY,
requesting  the  production  of  a patient's medical records pursuant to
this rule need not respond or object to the subpoena if the subpoena  is
not  accompanied by a written authorization by the patient. Any subpoena
served upon a medical provider  requesting  the  medical  records  of  a
patient  shall  state  in  conspicuous  bold-faced type that the records
shall not be provided unless (I) the subpoena is accompanied by a  writ-
ten  authorization  by  the  patient, [or] (II) the court has issued the
subpoena or otherwise directed the production of the documents, OR (III)
THE GRAND JURY  HAS  ISSUED  THE  SUBPOENA  OR  OTHERWISE  DIRECTED  THE
PRODUCTION OF THE DOCUMENTS.
  §  2.  Section  4504 of the civil practice law and rules is amended by
adding a new subdivision (b-1) to read as follows:
  (B-1)  CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A   PHYSICIAN,
DENTIST,  PODIATRIST,  CHIROPRACTOR,  NURSE, AS WELL AS THE ENTITIES AND
ORGANIZATIONS INCLUDED IN SUBDIVISION (A)  OF  THIS  SECTION,  SHALL  BE
REQUIRED  TO DISCLOSE INFORMATION IN RESPONSE TO A TRIAL SUBPOENA ISSUED
BY A COURT OR A SUBPOENA ISSUED BY A GRAND  JURY  AND  SUBSCRIBED  BY  A
MAGISTRATE FROM THE COURT WHICH EMPANELED SAID GRAND JURY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08333-01-9

S4759A - Details

See Assembly Version of this Bill:
A7885
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122 & §4504, CPLR

S4759A - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

S4759A - Sponsor Memo

S4759A - Bill Text download pdf


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

                                 4759--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 25, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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 committee

AN ACT to amend the civil practice law and rules, in relation to permit-
  ting  grand  jury  inspection  of medical records pursuant to subpoena
  duces tecum powers

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

  Section  1.  Paragraph  2 of subdivision (a) of rule 3122 of the civil
practice law and rules, as added by chapter 307 of the laws of 2011,  is
amended to read as follows:
  2. A medical provider served with a subpoena duces tecum, other than a
trial  subpoena  issued by a court OR A SUBPOENA ISSUED BY A GRAND JURY,
requesting the production of a patient's  medical  records  pursuant  to
this  rule need not respond or object to the subpoena if the subpoena is
not accompanied by a written authorization by the patient. Any  subpoena
served  upon  a  medical  provider  requesting  the medical records of a
patient shall state in conspicuous  bold-faced  type  that  the  records
shall  not be provided unless (I) the subpoena is accompanied by a writ-
ten authorization by the patient, [or] (II) the  court  has  issued  the
subpoena or otherwise directed the production of the documents, OR (III)
THE  GRAND  JURY  HAS  ISSUED  THE  SUBPOENA  OR  OTHERWISE DIRECTED THE
PRODUCTION OF THE DOCUMENTS.
  § 2. Section 4504 of the civil practice law and rules  is  amended  by
adding a new subdivision (b-1) to read as follows:
  (B-1)   CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A  PHYSICIAN,
DENTIST, PODIATRIST, CHIROPRACTOR, NURSE, AS WELL AS  THE  ENTITIES  AND
ORGANIZATIONS  INCLUDED  IN  SUBDIVISION  (A)  OF THIS SECTION, SHALL BE
REQUIRED TO DISCLOSE INFORMATION REGARDING A  PATIENT  WHO  HAS  BEEN  A
VICTIM OF A CRIME AND DIRECTLY PERTAINING TO SUCH CRIME IN RESPONSE TO A

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

S4759B - Details

See Assembly Version of this Bill:
A7885
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122 & §4504, CPLR

S4759B - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

S4759B - Sponsor Memo

S4759B - Bill Text download pdf


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

                                 4759--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 25, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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  committee  --  recommitted  to the Committee on Judiciary in
  accordance with Senate Rule 6, sec. 8 --  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 permit-
  ting grand jury inspection of medical  records  pursuant  to  subpoena
  duces tecum powers

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

  Section 1. Paragraph 2 of subdivision (a) of rule 3122  of  the  civil
practice  law and rules, as added by chapter 307 of the laws of 2011, is
amended to read as follows:
  2. A medical provider served with a subpoena duces tecum, other than a
trial subpoena issued by a court OR A SUBPOENA ISSUED BY A  GRAND  JURY,
requesting  the  production  of  a patient's medical records pursuant to
this rule need not respond or object to the subpoena if the subpoena  is
not  accompanied by a written authorization by the patient. Any subpoena
served upon a medical provider  requesting  the  medical  records  of  a
patient  shall  state  in  conspicuous  bold-faced type that the records
shall not be provided unless (I) the subpoena is accompanied by a  writ-
ten  authorization  by  the  patient, [or] (II) the court has issued the
subpoena or otherwise directed the production of the documents, OR (III)
A MAGISTRATE FROM THE COURT WHICH EMPANELED A GRAND JURY HAS ISSUED  THE
SUBPOENA OR OTHERWISE DIRECTED THE PRODUCTION OF THE DOCUMENTS.
  §  2.  Section  4504 of the civil practice law and rules is amended by
adding a new subdivision (b-1) to read as follows:
  (B-1)  CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A   PHYSICIAN,
DENTIST,  PODIATRIST,  CHIROPRACTOR,  NURSE, AS WELL AS THE ENTITIES AND

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

S4759C (ACTIVE) - Details

See Assembly Version of this Bill:
A7885
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122 & §4504, CPLR

S4759C (ACTIVE) - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

S4759C (ACTIVE) - Sponsor Memo

S4759C (ACTIVE) - Bill Text download pdf


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

                                 4759--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 25, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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  committee  --  recommitted  to the Committee on Judiciary in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to permit-
  ting  grand  jury  inspection  of medical records pursuant to subpoena
  duces tecum powers

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

  Section  1.  Paragraph  2 of subdivision (a) of rule 3122 of the civil
practice law and rules, as added by chapter 307 of the laws of 2011,  is
amended to read as follows:
  2. A medical provider served with a subpoena duces tecum, other than a
trial  subpoena  issued  by  a court OR A SUBPOENA ISSUED ON BEHALF OF A
GRAND JURY AND SUBSCRIBED BY A MAGISTRATE FROM THE COURT WHICH EMPANELED
SAID GRAND JURY,  requesting  the  production  of  a  patient's  medical
records pursuant to this rule need not respond or object to the subpoena
if  the  subpoena  is  not accompanied by a written authorization by the
patient. Any subpoena served upon  a  medical  provider  requesting  the
medical  records of a patient shall state in conspicuous bold-faced type
that the records shall not be provided unless (I) the subpoena is accom-
panied by a written authorization by the patient, [or]  (II)  the  court
has  issued  the  subpoena  or  otherwise directed the production of the
documents, OR (III) A MAGISTRATE FROM THE COURT WHICH EMPANELED A  GRAND
JURY HAS SUBSCRIBED THE SUBPOENA ISSUED ON BEHALF OF THE GRAND JURY.
  §  2.  Section  4504 of the civil practice law and rules is amended by
adding a new subdivision (b-1) to read as follows:

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

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