A1858   Kaufman   No Same as
Civil Practice Law and Rules
TITLE....Authorizes the use of a transcript or reproduction of a record where a subpoena duces tecum is served upon a physician practice

KAUFMAN
Amd S2306, CPLR
Authorizes the use of a transcript or reproduction of a record certified as correct by a person authorized to receive service under article three of the civil practice law and rules where a subpoena duces tecum is served upon a physician practice.

 
                STATE OF NEW YORK
       ________________________________________________________________________
 
                                         1858
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                   January 16, 2001
                                      ___________
 
       Introduced  by M. of A. KAUFMAN -- read once and referred to the Commit-
         tee on Codes
 
       AN ACT to amend the civil practice law and rules, in relation to service
         of a subpoena duces tecum upon a physician practice
 
         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 2306 of the civil practice law
    2  and rules, as amended by chapter 4 of the laws of 1986,  is  amended  to
    3  read as follows:
    4    (a) Transcript or reproduction. Where a subpoena duces tecum is served
    5  upon a hospital, physician practice, or upon a department or bureau of a
    6  municipal  corporation or of the state, or an officer thereof, requiring
    7  the production of records relating to the condition or  treatment  of  a
    8  patient, a transcript or a full-sized legible reproduction, certified as
    9  correct  by  the  superintendent  or head of the hospital, department or
   10  bureau or his assistant, or the officer, or in the case of  a  physician
   11  practice,  a person authorized to receive service under article three of
   12  this chapter, may be produced unless otherwise ordered by a court.  Such
   13  a subpoena shall be served at least three days before the time fixed for
   14  the production of the records unless otherwise ordered by a court.
   15    § 2. This act shall take effect immediately.
 
 
 
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01345-01-1

 
BILL NUMBER: A1858
 
SPONSOR: Kaufman

 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to service of a subpoena duces tecum upon a physician practice
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To permit physicians to comply with a subpoena duces tecum request for
medical records by providing the court with a certified copy of such
records.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Amends Section 2306 of the Civil Practice Law and Rules to permit a
physician practice to respond to a subpoena duces tecum request for
medical records to fulfill such request by giving the requesting party a
certified copy of such records, as certified by any person in the physi-
cian's office who is authorized to accept service of process on behalf
of the practice.
 
 
JUSTIFICATION:
 
Under current law, when a party to a civil proceeding seeks from a
physician, via a judicial subpoena duces tecum, a patient's medical
records, a physician is required under CPLR Section 2305 to produce
those medical records. However, a hospital or governmental unit who is
served the same subpoena duces tecum may comply with such request by
providing a full-sized legible reproduction, provided it is certified a
correct by the superintendent or head of the hospital, department or
bureau. There is no good reason for the distinction in the law between a
hospital and a physician office practice as it relates to medical
records, being required to be produced. Moreover, there are many reasons
that a physician may need to keep the original records, such as if the
physician is still treating the patient, or if there is a concurrent
investigation by the Office of Professional Medical Conduct (OPMC) or by
the federal government. This bill would correct this discrepancy in the
law and permit a physician to comply by providing a full-sized reprod-
uction to comply with the subpoena duces tecum.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2000: A.9796/S.7096 - Passed Senate
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
 
Immediately.