2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 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.