§ 6348 — Protections for health care providers applying for an extreme risk protection order

New York § 6348

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 63-A: Extreme Risk Protection Orders

Text

§ 6348. Protections for health care providers applying for an extreme\nrisk protection order. 1. (a) Notwithstanding the privileges set forth\nin article forty-five of this chapter, or any other provision of law to\nthe contrary, a health care provider authorized under paragraph (d) of\nsubdivision two of section sixty-three hundred forty of this article to\nfile an application for an extreme risk protection order against a\nperson such health care provider has examined shall, upon filing any\napplication for an extreme risk protection order, be authorized to\ndisclose protected health information, of the person against whom such\norder is sought as are necessary for the full investigation and\ndisposition of such application for an extreme risk protection order\nunder this article. When disclosing protected health information, such\nhealth care provider shall make reasonable efforts to limit protected\nhealth information to the minimum necessary to accomplish the filing of\nthe application.\n (b) Upon receipt of a petition by any health care provider identified\nin paragraph (a) of this subdivision and for good cause shown, the court\nmay issue orders as may be necessary to obtain any records or documents\nrelating to diagnosis, prognosis or treatment, and clinical records, of\nthe patient against whom the order is sought as are necessary for the\nfull investigation and disposition of an application for an extreme risk\nprotection order under this article. All such records and other health\ninformation provided shall be sealed by the court.\n 2. The decision of any health care provider described in subdivision\none of this section to disclose or not to disclose records or documents\nrelating to the diagnosis, prognosis or treatment, and clinical records\nof a patient under paragraphs (a) and (b) of subdivision one of this\nsection, when made reasonably and in good faith, shall not be the basis\nfor any civil or criminal liability with respect to such health care\nprovider.\n