STATE OF NEW YORK
        ________________________________________________________________________

                                          9113

                    IN SENATE

                                       May 9, 2022
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the civil practice law and rules, in relation to author-
          izing certain healthcare workers to file an application for an extreme
          risk protection order against  a  person  who  was  examined  by  such
          healthcare worker in certain circumstances

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 6340 of the civil practice law and
     2  rules, as added by chapter 19 of the laws of 2019, is amended to read as
     3  follows:
     4    2. "Petitioner" means: (a) a police officer,  as  defined  in  section
     5  1.20  of the criminal procedure law, or district attorney with jurisdic-
     6  tion in the county or city where the person against whom  the  order  is
     7  sought resides; (b) a family or household member, as defined in subdivi-
     8  sion  two  of  section  four hundred fifty-nine-a of the social services
     9  law, of the person against whom the order is sought; [or] (c)  a  school
    10  administrator  as  defined  in section eleven hundred twenty-five of the
    11  education law, or a school administrator's designee, of  any  school  in
    12  which  the person against whom the order is sought is currently enrolled
    13  or has been enrolled in the six months immediately preceding the  filing
    14  of  the  petition;  or  (d) a licensed or registered physician, licensed
    15  psychologist, licensed clinical social worker, licensed clinical profes-
    16  sional counselor, clinical nurse specialist in  psychiatric  and  mental
    17  health   nursing,  psychiatric  nurse  practitioner,  licensed  clinical
    18  marriage or family therapist who has examined the  person  against  whom
    19  the order is sought.  For purposes of this article, a school administra-
    20  tor's designee shall be employed at the same school as the school admin-
    21  istrator  and  shall  be any of the following who has been designated in
    22  writing to file a petition with respect to the person against  whom  the
    23  order  is  sought:  a  school teacher, school guidance counselor, school
    24  psychologist, school  social  worker,  school  nurse,  or  other  school
    25  personnel  required  to  hold  a  teaching  or administrative license or
    26  certificate, and full or part-time compensated school employee  required

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15458-01-2

        S. 9113                             2

     1  to  hold  a  temporary coaching license or professional coaching certif-
     2  icate.
     3    §  2.  The  civil  practice  law  and rules is amended by adding a new
     4  section 6348 to read as follows:
     5    § 6348. Protections for healthcare workers  applying  for  an  extreme
     6  risk  protection order.  1. (a) Notwithstanding the privileges set forth
     7  in article forty-five of this chapter, or any other provision of law  to
     8  the  contrary,  a healthcare worker authorized pursuant to paragraph (d)
     9  of subdivision two of section sixty-three hundred forty of this  article
    10  to  file  an  application for an extreme risk protection order against a
    11  person such healthcare worker has examined shall, upon filing  any  such
    12  application  for  an  extreme  risk  protection  order, be authorized to
    13  include with such application  and  supporting  documentation  any  such
    14  documents and records relating to diagnosis, prognosis or treatment, and
    15  clinical  records, of the person against whom the order is sought as are
    16  necessary for the full investigation and disposition of such application
    17  for an extreme risk protection order pursuant to this article.
    18    (b) Any such healthcare worker identified in  paragraph  (a)  of  this
    19  subdivision  shall  comply  with  all  requests  for records made by the
    20  supreme court relating to such application,  including  any  records  or
    21  documents  relating  to  diagnosis, prognosis or treatment, and clinical
    22  records, of the patient or client against whom the order  is  sought  as
    23  are  necessary for the full investigation and disposition of an applica-
    24  tion for an extreme risk protection order pursuant to this article.
    25    2. The decision of any healthcare worker described in subdivision  one
    26  of  this  section  to  disclose  or not to disclose records or documents
    27  relating to the diagnosis, prognosis or treatment, and clinical  records
    28  of a patient or client pursuant to paragraphs (a) and (b) of subdivision
    29  one of this section,  when made  reasonably  and  in good  faith,  shall
    30  not  be  the  basis  for any civil or criminal liability with respect to
    31  such healthcare worker.
    32    § 3. This act shall take effect on the thirtieth day  after  it  shall
    33  have become a law.