N.Y. Civil Practice Law & Rules § 4504: Physician, dentist, podiatrist, chiropractor and nurse

§ 4504. Physician, dentist, podiatrist, chiropractor and nurse. (a)

Confidential information privileged. Unless the patient waives the

privilege, a person authorized to practice medicine, registered

professional nursing, licensed practical nursing, dentistry, podiatry or

chiropractic shall not be allowed to disclose any information which he

acquired in attending a patient in a professional capacity, and which

was necessary to enable him to act in that capacity. The relationship of

a physician and patient shall exist between a medical corporation, as

defined in article forty-four of the public health law, a professional

service corporation organized under article fifteen of the business

corporation law to practice medicine, a university faculty practice

corporation organized under section fourteen hundred twelve of the

not-for-profit corporation law to practice medicine or dentistry, and

the patients to whom they respectively render professional medical

services.

A patient who, for the purpose of obtaining insurance benefits,

authorizes the disclosure of any such privileged communication to any

person shall not be deemed to have waived the privilege created by this

subdivision. For purposes of this subdivision:

1. "person" shall mean any individual, insurer or agent thereof, peer

review committee, public or private corporation, political subdivision,

government agency, department or bureau of the state, municipality,

industry, co-partnership, association, firm, trust, estate or any other

legal entity whatsoever; and

2. "insurance benefits" shall include payments under a self-insured

plan.

(b) Identification by dentist; crime committed against patient under

sixteen. A dentist shall be required to disclose information necessary

for identification of a patient. A physician, dentist, podiatrist,

chiropractor or nurse shall be required to disclose information

indicating that a patient who is under the age of sixteen years has been

the victim of a crime.

(c) Mental or physical condition of deceased patient. A physician or

nurse shall be required to disclose any information as to the mental or

physical condition of a deceased patient privileged under subdivision

(a), except information which would tend to disgrace the memory of the

decedent, either in the absence of an objection by a party to the

litigation or when the privilege has been waived:

1. by the personal representative, or the surviving spouse, or the

next of kin of the decedent; or

2. in any litigation where the interests of the personal

representative are deemed by the trial judge to be adverse to those of

the estate of the decedent, by any party in interest; or

3. if the validity of the will of the decedent is in question, by the

executor named in the will, or the surviving spouse or any heir-at-law

or any of the next kin or any other party in interest.

(d) Proof of negligence; unauthorized practice of medicine. In any

action for damages for personal injuries or death against a person not

authorized to practice medicine under article 131 of the education law

for any act or acts constituting the practice of medicine, when such act

or acts were a competent producing proximate or contributing cause of

such injuries or death, the fact that such person practiced medicine

without being so authorized shall be deemed prima facie evidence of

negligence.