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S08801 Summary:

BILL NOS08801
 
SAME ASSAME AS A09513
 
SPONSORBASKIN
 
COSPNSR
 
MLTSPNSR
 
Amd §677, County L (as proposed in S.7818 & A.7411)
 
Permits local health officials to request copies of certain reports and records relating to a death.
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S08801 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8801
 
                    IN SENATE
 
                                     January 8, 2026
                                       ___________
 
        Introduced  by  Sen.  BASKIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the county law, in relation to permitting  local  health
          officials to request copies of certain reports and records
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 9 of section 677 of the county law, as  amended
     2  by  a  chapter  of  the laws of 2025 amending the county law relating to
     3  permitting the commissioner of health to designate  local  health  offi-
     4  cials  to  request copies of certain reports and records, as proposed in
     5  legislative bills numbers S. 7818 and A. 7411, is  amended  to  read  as
     6  follows:
     7    9.  (a) When required for official purposes of the state department of
     8  health, the state commissioner of health or their designee  may  request
     9  copies of all reports and records related to a death, including, but not
    10  limited  to, autopsy reports and toxicology reports. Upon receipt of the
    11  written request of the state commissioner of health or their designee, a
    12  coroner, coroner's physician or medical examiner,  shall,  within  three
    13  business days of their completion, provide to such commissioner or their
    14  designee  a  copy of all reports and records, including, but not limited
    15  to, autopsy reports and toxicology reports related to  the  death.  [For
    16  the purposes of this section, the designee of the commissioner of health
    17  may include a local health official.]
    18    (b)  When  required  for  official  purposes  of  a health district as
    19  defined in section two of the public health law, the local health  offi-
    20  cer  of  such  district  may  request  copies of all reports and records
    21  related to a death, including, but not limited to, autopsy  reports  and
    22  toxicology  reports  when:  (i)  a  death occurs within the local health
    23  district in which the local health official exercises  jurisdiction;  or
    24  (ii) a death occurs outside the local health district in which the local
    25  health  officer exercises jurisdiction, provided that the decedent was a
    26  resident of such local health district when they:
    27    (1) sustained a physical injury or toxicological exposure that  was  a
    28  direct or contributing cause of death;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10745-02-6

        S. 8801                             2
 
     1    (2)  received significant medical care or treatment for the disease or
     2  condition leading to death; or
     3    (3) were pronounced dead or the body was found.
     4    (c) Upon receipt of the written request of the local health officer, a
     5  coroner, coroner's physician or medical examiner, shall:
     6    (i)  when  such death has occurred within the local health district in
     7  which  the  requesting  local  health  officer  exercises  jurisdiction,
     8  provide  to such local health officer a copy of all reports and records,
     9  including, but not limited to, autopsy reports  and  toxicology  reports
    10  related to the death within three days of their completion; or
    11    (ii) when such death has occurred outside of the local health district
    12  in  which  the  requesting  local health officer exercises jurisdiction,
    13  provide to such local health officer a copy of all reports and  records,
    14  including  but  not  limited  to, autopsy reports and toxicology reports
    15  related to the death within the earlier  of  (1)  seven  days  of  their
    16  completion; or (2) seven days of receiving such written request; and
    17    (iii) maintain such documents as part of the official case record.
    18    (d)  The  requesting  local health officer shall maintain a log of all
    19  requests made outside of their local health district and  shall,  within
    20  three business days of making the request, provide a copy of the written
    21  request  to  the  local  health officer with jurisdiction over the local
    22  health district from which the records were requested.
    23    § 2. This act shall take effect on the  same  date  and  in  the  same
    24  manner as a chapter of the laws of 2025 amending the county law relating
    25  to permitting the commissioner of health to designate local health offi-
    26  cials  to  request copies of certain reports and records, as proposed in
    27  legislative bills numbers S. 7818 and A. 7411, takes effect.
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