N.Y. Civil Practice Law & Rules Section 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.

Source: Section 4504 — Physician, dentist, podiatrist, chiropractor and nurse, https://www.­nysenate.­gov/legislation/laws/CVP/4504 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

4501
Self-incrimination
4502
Spouse
4503
Attorney
4504
Physician, dentist, podiatrist, chiropractor and nurse
4505
Confidential communication to clergy privileged
4506
Eavesdropping evidence
4507
Psychologist
4508
Social worker
4509
Library records
4510
Rape crisis counselor or domestic violence advocate
4511
Judicial notice of law
4512
Competency of interested witness or spouse
4513
Competency of person convicted of crime
4514
Impeachment of witness by prior inconsistent statement
4515
Form of expert opinion
4516
Proof of age of child
4517
Prior testimony in a civil action
4518
Business records
4519
Personal transaction or communication between witness and decedent or person with a mental illness
4519‑A
Possession of opioid antagonists
4520
Certificate or affidavit of public officer
4521
Lack of record
4522
Ancient filed maps, surveys and records affecting real property
4523
Search by title insurance or abstract company
4524
Conveyance of real property without the state
4525
Copies of statements under article nine of the uniform commercial code
4526
Marriage certificate
4527
Death or other status of missing person
4528
Weather conditions
4529
Inspection certificate issued by United States department of agriculture
4530
Certificate of population
4531
Affidavit of service or posting notice by person unavailable at trial
4532
Self-authentication of newspapers and periodicals of general circulation
4532‑A
Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests
4532‑B
An image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, o...
4533
Market reports
4533‑A
Prima facie proof of damages
4533‑B
Proof of payment by joint tort-feasor
4534
Standard of measurement used by surveyor
4536
Proof of writing by comparison of handwriting
4537
Proof of writing subscribed by witness
4538
Acknowledged, proved or certified writing
4539
Reproductions of original
4540
Authentication of official record of court or government office in the United States
4540‑A
Presumption of authenticity based on a party’s production of material authored or otherwise created by the party
4541
Proof of proceedings before justice of the peace
4542
Proof of foreign records and documents
4543
Proof of facts or writing by methods other than those authorized in this article
4544
Contracts in small print
4545
Admissibility of collateral source of payment
4546
Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice
4547
Compromise and offers to compromise
4548
Privileged communications
4549
Admissibility of an opposing party’s statement
4550
Admissibility of evidence related to legally protected health activity
4551
New York voting and elections database

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 4504’s source at nysenate​.gov

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