N.Y. CPLR § 6348

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6348 Protections for health care providers applying for an extremerisk protection order. 1 § 6348. Protections for health care providers applying for an extremerisk protection order. 1. (a) Notwithstanding the privileges set forthin article forty-five of this chapter, or any other provision of law tothe contrary, a health care provider authorized under paragraph (d) ofsubdivision two of section sixty-three hundred forty of this article tofile an application for an extreme risk protection order against aperson such health care provider has examined shall, upon filing anyapplication for an extreme risk protection order, be authorized todisclose protected health information, of the person against whom suchorder is sought as are necessary for the full investigation anddisposition of such application for an extreme risk protection orderunder this article. When disclosing protected health information, suchhealth care provider shall make reasonable efforts to limit protectedhealth information to the minimum necessary to accomplish the filing ofthe application.(b) Upon receipt of a petition by any health care provider identifiedin paragraph (a) of this subdivision and for good cause shown, the courtmay issue orders as may be necessary to obtain any records or documentsrelating to diagnosis, prognosis or treatment, and clinical records, ofthe patient against whom the order is sought as are necessary for thefull investigation and disposition of an application for an extreme riskprotection order under this article. All such records and other healthinformation provided shall be sealed by the court.2. The decision of any health care provider described in subdivisionone of this section to disclose or not to disclose records or documentsrelating to the diagnosis, prognosis sealed by the court.2. The decision of any health care provider described in subdivisionone of this section to disclose or not to disclose records or documentsrelating to the diagnosis, prognosis or treatment, and clinical recordsof a patient under paragraphs (a) and (b) of subdivision one of thissection, when made reasonably and in good faith, shall not be the basisfor any civil or criminal liability with respect to such health careprovider.