§ 4504 — Physician, dentist, podiatrist, chiropractor and nurse

New York § 4504

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 45: Evidence

Text

§ 4504. Physician, dentist, podiatrist, chiropractor and nurse. (a)\nConfidential information privileged. Unless the patient waives the\nprivilege, a person authorized to practice medicine, registered\nprofessional nursing, licensed practical nursing, dentistry, podiatry or\nchiropractic shall not be allowed to disclose any information which he\nacquired in attending a patient in a professional capacity, and which\nwas necessary to enable him to act in that capacity. The relationship of\na physician and patient shall exist between a medical corporation, as\ndefined in article forty-four of the public health law, a professional\nservice corporation organized under article fifteen of the business\ncorporation law to practice medicine, a university faculty practice\ncorporation organized under section fourteen hundred twelve of the\nnot-for-profit corporation law to practice medicine or dentistry, and\nthe patients to whom they respectively render professional medical\nservices.\n A patient who, for the purpose of obtaining insurance benefits,\nauthorizes the disclosure of any such privileged communication to any\nperson shall not be deemed to have waived the privilege created by this\nsubdivision. For purposes of this subdivision:\n 1. "person" shall mean any individual, insurer or agent thereof, peer\nreview committee, public or private corporation, political subdivision,\ngovernment agency, department or bureau of the state, municipality,\nindustry, co-partnership, association, firm, trust, estate or any other\nlegal entity whatsoever; and\n 2. "insurance benefits" shall include payments under a self-insured\nplan.\n (b) Identification by dentist; crime committed against patient under\nsixteen. A dentist shall be required to disclose information necessary\nfor identification of a patient. A physician, dentist, podiatrist,\nchiropractor or nurse shall be required to disclose information\nindicating that a patient who is under the age of sixteen years has been\nthe victim of a crime.\n (c) Mental or physical condition of deceased patient. A physician or\nnurse shall be required to disclose any information as to the mental or\nphysical condition of a deceased patient privileged under subdivision\n(a), except information which would tend to disgrace the memory of the\ndecedent, either in the absence of an objection by a party to the\nlitigation or when the privilege has been waived:\n 1. by the personal representative, or the surviving spouse, or the\nnext of kin of the decedent; or\n 2. in any litigation where the interests of the personal\nrepresentative are deemed by the trial judge to be adverse to those of\nthe estate of the decedent, by any party in interest; or\n 3. if the validity of the will of the decedent is in question, by the\nexecutor named in the will, or the surviving spouse or any heir-at-law\nor any of the next kin or any other party in interest.\n (d) Proof of negligence; unauthorized practice of medicine. In any\naction for damages for personal injuries or death against a person not\nauthorized to practice medicine under article 131 of the education law\nfor any act or acts constituting the practice of medicine, when such act\nor acts were a competent producing proximate or contributing cause of\nsuch injuries or death, the fact that such person practiced medicine\nwithout being so authorized shall be deemed prima facie evidence of\nnegligence.\n