Senate Bill S2649

2015-2016 Legislative Session

Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S2649 (ACTIVE) - Details

See Assembly Version of this Bill:
A10401
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§400.00 & 400.02, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4947, A7389
2017-2018: S3779, A5355
2019-2020: S3072

2015-S2649 (ACTIVE) - Summary

Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual; prohibits the condition of the consent of release for an application.

2015-S2649 (ACTIVE) - Sponsor Memo

2015-S2649 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2649

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to prohibiting the release of
  personal medical records or information without a warrant  or  express
  written authorization of the individual

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  4.  Investigation.  Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such  applica-
tion is made, including but not limited to such records as may be acces-
sible  to  the  division of state police or division of criminal justice
services pursuant to section 400.02 of this article. For  that  purpose,
the  records  of  the  appropriate  office  of  the department of mental
hygiene concerning previous or present mental illness of  the  applicant
shall  be  available  for inspection by the investigating officer of the
police authority. In order to ascertain any  previous  criminal  record,
the  investigating  officer  shall  take  the  fingerprints and physical
descriptive data in quadruplicate of each individual by whom the  appli-
cation  is signed and verified. Two copies of such fingerprints shall be
taken on standard fingerprint cards eight inches square,  and  one  copy
may  be  taken on a card supplied for that purpose by the federal bureau
of investigation; provided, however, that in the  case  of  a  corporate
applicant  that has already been issued a dealer in firearms license and
seeks to  operate  a  firearm  dealership  at  a  second  or  subsequent
location, the original fingerprints on file may be used to ascertain any
criminal  record  in  the second or subsequent application unless any of
the corporate officers have changed  since  the  prior  application,  in
which  case  the  new  corporate  officer  shall  comply with procedures

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02102-01-5
              

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