Bill Text: NY A07280 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides that in a civil action, an operator of a motor vehicle in this state shall be deemed to have waived privileged confidential information in regard to the results of any tests administered following a motor vehicle accident which reveal the alcohol or drug content in such operator's body.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to codes [A07280 Detail]
Download: New_York-2013-A07280-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7280 2013-2014 Regular Sessions I N A S S E M B L Y May 9, 2013 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to waiver of privileged confidential information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision (a) of section 4504 of the civil practice law 2 and rules, as amended by chapter 555 of the laws of 1993, is amended to 3 read as follows: 4 (a) Confidential information privileged. Unless the patient waives the 5 privilege, a person authorized to practice medicine, registered profes- 6 sional nursing, licensed practical nursing, dentistry, podiatry or 7 chiropractic shall not be allowed to disclose any information which he 8 OR SHE acquired in attending a patient in a professional capacity, and 9 which was necessary to enable him OR HER to act in that capacity. The 10 relationship of a physician and patient shall exist between a medical 11 corporation, as defined in article forty-four of the public health law, 12 a professional service corporation organized under article fifteen of 13 the business corporation law to practice medicine, a university faculty 14 practice corporation organized under section fourteen hundred twelve of 15 the not-for-profit corporation law to practice medicine or dentistry, 16 and the patients to whom they respectively render professional medical 17 services. 18 FOR THE EXCLUSIVE PURPOSE OF USE IN A CIVIL ACTION, AN OPERATOR OF A 19 MOTOR VEHICLE IN THIS STATE SHALL BE DEEMED TO HAVE WAIVED THIS PRIVI- 20 LEGE IN REGARD TO THE RESULTS OF ANY TESTS ADMINISTERED FOLLOWING A 21 MOTOR VEHICLE ACCIDENT WHICH REVEAL THE ALCOHOL OR DRUG CONTENTS IN SUCH 22 OPERATOR'S BODY. A patient who, for the purpose of obtaining insurance 23 benefits, authorizes the disclosure of any such privileged communication 24 to any person shall not be deemed to have waived the privilege created 25 by this subdivision. For purposes of this subdivision: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09759-02-3 A. 7280 2 1 1. "person" shall mean any individual, insurer or agent thereof, peer 2 review committee, public or private corporation, political subdivision, 3 government agency, department or bureau of the state, municipality, 4 industry, co-partnership, association, firm, trust, estate or any other 5 legal entity whatsoever; and 6 2. "insurance benefits" shall include payments under a self-insured 7 plan. 8 S 2. This act shall take effect on the first of January next succeed- 9 ing the date on which it shall have become a law and shall apply to any 10 action commenced on or after such date.