Bill Text: NY A09553 | 2011-2012 | General Assembly | Introduced

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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

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                           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