Bill Text: NY S02933 | 2017-2018 | General Assembly | Amended

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Bill Title: Adds adult siblings to those who may have access to clinical records.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-08-21 - SIGNED CHAP.233 [S02933 Detail]

Download: New_York-2017-S02933-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2933--A
            Cal. No. 242
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 18, 2017
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities -- reported favorably from said committee, ordered
          to first and second report, ordered to  a  third  reading,  passed  by
          Senate  and  delivered  to  the Assembly, recalled, vote reconsidered,
          restored to third reading, amended and  ordered  reprinted,  retaining
          its place in the order of third reading
        AN  ACT  to  amend  the  mental hygiene law, in relation to adding adult
          siblings to those who may have access to clinical records
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  6  of  subdivision (a) of section 33.16 of the
     2  mental hygiene law, as amended by chapter 37 of the  laws  of  2011,  is
     3  amended to read as follows:
     4    6. "Qualified person" means any properly identified patient or client,
     5  guardian  of a person with a developmental disability appointed pursuant
     6  to article seventeen-A  of  the  surrogate's  court  procedure  act,  or
     7  committee  for  an  incompetent  appointed pursuant to this chapter or a
     8  parent of an infant, or a guardian of an infant  appointed  pursuant  to
     9  article seventeen of the surrogate's court procedure act or other legal-
    10  ly appointed guardian of an infant who may be entitled to request access
    11  to  a  clinical record pursuant to paragraph three of subdivision (b) of
    12  this section, or a parent, spouse [or], adult child, or adult sibling of
    13  an adult patient or client who may be entitled to request  access  to  a
    14  clinical  record  pursuant  to paragraph four of subdivision (b) of this
    15  section.
    16    § 2. Paragraph 4 of subdivision (b) of section  33.16  of  the  mental
    17  hygiene  law, as added by chapter 233 of the laws of 1991, is amended to
    18  read as follows:
    19    4. Subject to the provisions of subdivision (c) of  this  section  and
    20  except  as  otherwise  required  by  law,  upon the written request of a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00244-04-7
        S. 2933--A                          2
     1  parent of an adult patient or client, spouse [or], adult child, or adult
     2  sibling of a patient or client, a facility shall provide an opportunity,
     3  within ten days, for such parent, spouse  [or],  adult  child  or  adult
     4  sibling  to  inspect any clinical record maintained or possessed by such
     5  facility concerning the care and treatment of such patient or client for
     6  which the parent, spouse [or], adult child or adult sibling  is  author-
     7  ized  pursuant  to  law,  rule  or regulation to provide consent and has
     8  consented or is being  requested  to  provide  such  consent;  provided,
     9  however,  that  such  parent, spouse [or],  adult child or adult sibling
    10  shall not be entitled to inspect or make copies of any  clinical  record
    11  concerning  the  care  and  treatment of the patient or client where the
    12  treating  practitioner  determines  that  access  to   the   information
    13  requested  by  such  parent,  spouse  [or], adult child or adult sibling
    14  would have a  detrimental  effect  on  the  practitioner's  professional
    15  relationship with the patient or client, or on the care and treatment of
    16  the  patient  or  client or on the relationship of the patient or client
    17  with his or her parents, spouse [or], adult child or adult sibling.  Any
    18  inspection of a clinical record made pursuant to this paragraph shall be
    19  limited to that information which is relevant in light of the reason for
    20  such inspection.
    21    § 3. This act shall take effect immediately.