Senate Bill S3072

2019-2020 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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2019-S3072 (ACTIVE) - Details

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
2015-2016: S2649
2017-2018: S3779

2019-S3072 (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.

2019-S3072 (ACTIVE) - Sponsor Memo

2019-S3072 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3072
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by Sens. RANZENHOFER, YOUNG -- read twice and ordered print-
   ed, 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.
              

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