N.Y. Civil Practice Law & Rules § 2306: Hospital records; medical records of department or bureau of a municipal corporation or of the state

§ 2306. Hospital records; medical records of department or bureau of a

municipal corporation or of the state. (a) Transcript or reproduction.

Where a subpoena duces tecum is served upon a hospital, or upon a

department or bureau of a municipal corporation or of the state, or an

officer thereof, requiring the production of records relating to the

condition or treatment of a patient, a transcript or a full-sized

legible reproduction, certified as correct by the superintendent or head

of the hospital, department or bureau or his assistant, or the officer,

may be produced unless otherwise ordered by a court. Such a subpoena

shall be served at least three days before the time fixed for the

production of the records unless otherwise ordered by a court.

(b) Delivery to clerk. Where a court has designated a clerk to receive

records described in subdivision (a), delivery may be made to him at or

before the time fixed for their production. The clerk shall give a

receipt for the records and notify the person subpoenaed when they are

no longer required. The records shall be delivered in a sealed envelope

indicating the title of the action, the date fixed for production and

the name and address of the attorney appearing on the subpoena. They

shall be available for inspection pursuant to the rules or order of the

court.