Provides for the release of all medical records of the examination or treatment of any child reported as an abused or maltreated child upon the written request of the child protective service of a local department of social services certifying that such child has been reported as abused or maltreated; provides such records shall have the names of the alleged abusers deleted and provides such records shall be kept confidential.
STATE OF NEW YORK
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3228
2013-2014 Regular Sessions
IN SENATE
January 31, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to requiring that
medical records of children who have been reported as abused or
maltreated be released to the child protective services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 425-a to read as follows:
3 § 425-a. Release of medical records. Upon the sworn written request of
4 the head of a local social services department or district, which
5 request shall indicate that a certain child has been reported as an
6 abused or maltreated child and which shall also indicate the dates of
7 such alleged abuse or maltreatment, a physician, hospital, other medical
8 facility or other person making such report who has examined such child,
9 shall release all medical records, or copies thereof, of the examination
10 or treatment of such child, specifically relating to the alleged abuse
11 or maltreatment, to the child protective service of such local social
12 services department or district. Such records shall have the names of
13 the alleged abusers deleted and shall be kept confidential until such
14 time as determined by the appropriate court. The local social services
15 department or district shall pay such administrative or handling fees to
16 such physician, hospital or medical facility or person as they shall
17 reasonably charge.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06936-01-3
