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.