N.Y. Civil Practice Law & Rules § 6348: Protections for health care providers applying for an extreme risk protection order

§ 6348. Protections for health care providers applying for an extreme

risk protection order. 1. (a) Notwithstanding the privileges set forth

in article forty-five of this chapter, or any other provision of law to

the contrary, a health care provider authorized under paragraph (d) of

subdivision two of section sixty-three hundred forty of this article to

file an application for an extreme risk protection order against a

person such health care provider has examined shall, upon filing any

application for an extreme risk protection order, be authorized to

disclose protected health information, of the person against whom such

order is sought as are necessary for the full investigation and

disposition of such application for an extreme risk protection order

under this article. When disclosing protected health information, such

health care provider shall make reasonable efforts to limit protected

health information to the minimum necessary to accomplish the filing of

the application.

(b) Upon receipt of a petition by any health care provider identified

in paragraph (a) of this subdivision and for good cause shown, the court

may issue orders as may be necessary to obtain any records or documents

relating to diagnosis, prognosis or treatment, and clinical records, of

the patient against whom the order is sought as are necessary for the

full investigation and disposition of an application for an extreme risk

protection order under this article. All such records and other health

information provided shall be sealed by the court.

2. The decision of any health care provider described in subdivision

one of this section to disclose or not to disclose records or documents

relating to the diagnosis, prognosis or treatment, and clinical records

of a patient under paragraphs (a) and (b) of subdivision one of this

section, when made reasonably and in good faith, shall not be the basis

for any civil or criminal liability with respect to such health care

provider.