Bill Text: NY A09553 | 2011-2012 | General Assembly | Introduced
Bill Title: Grants the state commission of correction authority to access inmate medical records.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-06-20 - substituted by s6847 [A09553 Detail]
Download: New_York-2011-A09553-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9553 I N A S S E M B L Y March 13, 2012 ___________ Introduced by M. of A. AUBRY -- (at request of the NYS Commission of Correction) -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to granting the state commission of correction authority to access inmate medical records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 46 of the correction law, as added 2 by chapter 865 of the laws of 1975, is amended to read as follows: 3 1. The commission, any member or any employee designated by the 4 commission must be granted access at any and all times to any correc- 5 tional facility or part thereof and to all books, records, INMATE 6 MEDICAL RECORDS and data pertaining to any correctional facility deemed 7 necessary for carrying out the commission's functions, powers and 8 duties. The commission, any member or any employee designated by the 9 chairman may require from the officers or employees of a correctional 10 facility any information deemed necessary for the purpose of carrying 11 out the commission's functions, powers and duties. 12 S 2. Subdivision 2 of section 46 of the correction law, as amended by 13 chapter 536 of the laws of 1994, is amended to read as follows: 14 2. In the exercise of its functions, powers and duties, the commission 15 [and], any member, AND ANY ATTORNEY EMPLOYED BY THE COMMISSION is 16 authorized to issue and enforce a subpoena and a subpoena duces tecum, 17 administer oaths and examine persons under oath, in accordance with and 18 pursuant to civil practice law and rules. A person examined under oath 19 pursuant to this subdivision shall have the right to be accompanied by 20 counsel who shall advise the person of their rights subject to reason- 21 able limitations to prevent obstruction of, or interference with, the 22 orderly conduct of the examination. NOTWITHSTANDING ANY OTHER PROVISION 23 OF LAW, A SUBPOENA MAY BE ISSUED AND ENFORCED PURSUANT TO THIS SUBDIVI- 24 SION FOR THE MEDICAL RECORDS OF AN INMATE OF A CORRECTIONAL FACILITY, 25 REGARDLESS OF WHETHER SUCH MEDICAL RECORDS WERE MADE DURING THE COURSE 26 OF THE INMATE'S INCARCERATION. 27 S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14466-01-2