Assembly Bill A5355

2017-2018 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

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Archive: Last Bill Status - In Assembly 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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2017-A5355 (ACTIVE) - Details

See Senate Version of this Bill:
S3779
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§400.00 & 400.02, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7389, S4947
2015-2016: A10401, S2649
2019-2020: S3072

2017-A5355 (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.

2017-A5355 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5355
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee 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.
              

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