Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 21, 2017 |
signed chap.229 |
Aug 09, 2017 |
delivered to governor |
Jun 14, 2017 |
returned to senate passed assembly ordered to third reading rules cal.225 substituted for a6655 |
Jun 14, 2017 |
substituted by s2058 |
Jun 13, 2017 |
ordered to third reading rules cal.225 rules report cal.225 reported |
Jun 07, 2017 |
reported referred to rules |
May 09, 2017 |
reported referred to codes |
Mar 10, 2017 |
referred to judiciary |
Assembly Bill A6655
Signed By Governor2017-2018 Legislative Session
Sponsored By
TITONE
Archive: Last Bill Status Via S2058 - Signed by Governor
- 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
Actions
Votes
2017-A6655 (ACTIVE) - Details
2017-A6655 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6655 2017-2018 Regular Sessions I N A S S E M B L Y March 10, 2017 ___________ Introduced by M. of A. TITONE -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to out of state hospital records produced pursuant to subpoena THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of rule 4518 of the civil practice law and rules, as amended by chapter 170 of the laws of 1994, is amended to read as follows: (c) Other records. All records, writings and other things referred to in sections 2306 and 2307 are admissible in evidence under this rule and are prima facie evidence of the facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, or by an employee delegated for that purpose or by a qualified physician. Where a hospital record is in the custody of a warehouse, or "warehouse- man" as that term is defined by paragraph [(h)] (THIRTEEN) of [subdivi- sion one] SUBSECTION (A) of section 7-102 of the uniform commercial code, pursuant to a plan approved in writing by the state commissioner of health, admissibility under this subdivision may be established by a certification made by the manager of the warehouse that sets forth (i) the authority by which the record is held, including but not limited to a court order, order of the commissioner, or order or resolution of the governing body or official of the hospital, and (ii) that the record has been in the exclusive custody of such warehouse or warehousemen since its receipt from the hospital or, if another has had access to it, the name and address of such person and the date on which and the circum- stances under which such access was had. Any warehouseman providing a certification as required by this subdivision shall have no liability for acts or omissions relating thereto, except for intentional miscon- duct, and the warehouseman is authorized to assess and collect a reason- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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