S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10566
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Burke) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to author-
   izing certain healthcare workers to file an application for an extreme
   risk protection order against  a  person  who  was  examined  by  such
   healthcare worker in certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6340 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   2. "Petitioner" means: (a) a police officer,  as  defined  in  section
 1.20  of the criminal procedure law, or district attorney with jurisdic-
 tion in the county or city where the person against whom  the  order  is
 sought resides; (b) a family or household member, as defined in subdivi-
 sion  two  of  section  four hundred fifty-nine-a of the social services
 law, of the person against whom the order is sought; [or] (c)  a  school
 administrator  as  defined  in section eleven hundred twenty-five of the
 education law, or a school administrator's designee, of  any  school  in
 which  the person against whom the order is sought is currently enrolled
 or has been enrolled in the six months immediately preceding the  filing
 of  the  petition;  OR  (D) A LICENSED OR REGISTERED PHYSICIAN, LICENSED
 PSYCHOLOGIST, LICENSED CLINICAL SOCIAL WORKER, LICENSED CLINICAL PROFES-
 SIONAL COUNSELOR, CLINICAL NURSE SPECIALIST IN  PSYCHIATRIC  AND  MENTAL
 HEALTH   NURSING,  PSYCHIATRIC  NURSE  PRACTITIONER,  LICENSED  CLINICAL
 MARRIAGE OR FAMILY THERAPIST WHO HAS EXAMINED THE  PERSON  AGAINST  WHOM
 THE ORDER IS SOUGHT.  For purposes of this article, a school administra-
 tor's designee shall be employed at the same school as the school admin-
 istrator  and  shall  be any of the following who has been designated in
 writing to file a petition with respect to the person against  whom  the
 order  is  sought:  a  school teacher, school guidance counselor, school
 psychologist, school  social  worker,  school  nurse,  or  other  school
 personnel  required  to  hold  a  teaching  or administrative license or
 certificate, and full or part-time compensated school employee  required
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15458-01-2
 A. 10566                            2
 
 to  hold  a  temporary coaching license or professional coaching certif-
 icate.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 6348 to read as follows:
   § 6348. PROTECTIONS FOR HEALTHCARE WORKERS  APPLYING  FOR  AN  EXTREME
 RISK  PROTECTION ORDER.  1. (A) NOTWITHSTANDING THE PRIVILEGES SET FORTH
 IN ARTICLE FORTY-FIVE OF THIS CHAPTER, OR ANY OTHER PROVISION OF LAW  TO
 THE  CONTRARY,  A HEALTHCARE WORKER AUTHORIZED PURSUANT TO PARAGRAPH (D)
 OF SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED FORTY OF THIS  ARTICLE
 TO  FILE  AN  APPLICATION FOR AN EXTREME RISK PROTECTION ORDER AGAINST A
 PERSON SUCH HEALTHCARE WORKER HAS EXAMINED SHALL, UPON FILING  ANY  SUCH
 APPLICATION  FOR  AN  EXTREME  RISK  PROTECTION  ORDER, BE AUTHORIZED TO
 INCLUDE WITH SUCH APPLICATION  AND  SUPPORTING  DOCUMENTATION  ANY  SUCH
 DOCUMENTS AND RECORDS RELATING TO DIAGNOSIS, PROGNOSIS OR TREATMENT, AND
 CLINICAL  RECORDS, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT AS ARE
 NECESSARY FOR THE FULL INVESTIGATION AND DISPOSITION OF SUCH APPLICATION
 FOR AN EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE.
   (B) ANY SUCH HEALTHCARE WORKER IDENTIFIED IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  SHALL  COMPLY  WITH  ALL  REQUESTS  FOR RECORDS MADE BY THE
 SUPREME COURT RELATING TO SUCH APPLICATION,  INCLUDING  ANY  RECORDS  OR
 DOCUMENTS  RELATING  TO  DIAGNOSIS, PROGNOSIS OR TREATMENT, AND CLINICAL
 RECORDS, OF THE PATIENT OR CLIENT AGAINST WHOM THE ORDER  IS  SOUGHT  AS
 ARE  NECESSARY FOR THE FULL INVESTIGATION AND DISPOSITION OF AN APPLICA-
 TION FOR AN EXTREME RISK PROTECTION ORDER PURSUANT TO THIS ARTICLE.
   2. THE DECISION OF ANY HEALTHCARE WORKER DESCRIBED IN SUBDIVISION  ONE
 OF  THIS  SECTION  TO  DISCLOSE  OR NOT TO DISCLOSE RECORDS OR DOCUMENTS
 RELATING TO THE DIAGNOSIS, PROGNOSIS OR TREATMENT, AND CLINICAL  RECORDS
 OF A PATIENT OR CLIENT PURSUANT TO PARAGRAPHS (A) AND (B) OF SUBDIVISION
 ONE OF THIS SECTION,  WHEN MADE  REASONABLY  AND  IN GOOD  FAITH,  SHALL
 NOT  BE  THE  BASIS  FOR ANY CIVIL OR CRIMINAL LIABILITY WITH RESPECT TO
 SUCH HEALTHCARE WORKER.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.