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S7534Senate2013-2014 SessionSame asA9858

Relates to out of state hospital records produced pursuant to subpoena

Sponsor John J. BonacicSD-42Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Judiciary

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Sponsors

Primary sponsor
John J. Bonacic

Senator · Senate District 42

Chair, JudiciaryChair, Racing, Gaming And Wagering

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Ordered to third reading cal.1497
  5. Committee discharged and committed to rules
  6. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9858Assembly

Relates to out of state hospital records produced pursuant to subpoena

In Assembly Committee · Judiciary · Sponsor Matthew Titone

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S7534

Title of bill

An act to amend the civil practice law and rules, in relation to out of state hospital records produced pursuant to subpoena

Purpose

Makes hospital records from a jurisdiction outside of New York State admissible when there is a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, by an employee delegated for that purpose, or a certification made in the manner determined by the laws of the jurisdiction where the hospital record is located.

Summary of provisions

Section 1: Amends subdivision (c) of rule 4518 of the civil practice law and rules, as amended by chapter 170 of the laws of 1994, to permit the admission of hospital records from outside of the jurisdiction of New York State that are certified as provided for in the laws of the jurisdiction where the hospital record is located.

Section 2: Effective date.

Justification

This bill is being introduced to provide clarity and efficiency to the introduction of hospital records in litigation. Under the current law, hospital records are admissible in evidence as prima facie evidence of the facts contained in the record when they bear a certification or authentication as provided by New York State law. Hospital records complying with this certification requirement do not require a witness to be called in to verify authenticity of the record. However, when hospital records are from outside of the jurisdiction of this state, if they are not certified in the manner provided under New York State law, a court may not accept the record as prima facie evidence of the facts contained in the record, and require that a witness be provided to verify the authenticity of the record. Bringing in witnesses to verify such professional records results in costly and time-consuming litigation, and often such witnesses are unable to be obtained from out of state due to the burdens of cost and distance. This legislation provides that when hospital records are deemed properly certified under the laws of the jurisdiction where the hospital record is located, such records are admissible without requiring a witness to verify the facts within the record.

Legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.