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Home » US Law » 2022 New York Laws » Consolidated Laws » CVP - Civil Practice Law and Rules » Article 63-A - Extreme Risk Protection Orders » 6348 – Protections for Health Care Providers Applying for an Extreme Risk Protection Order.
§  6348. Protections for health care providers applying for an extreme
risk protection order. 1. (a) Notwithstanding the privileges  set  forth
in  article forty-five of this chapter, or any other provision of law to
the contrary, a health care provider authorized under paragraph  (d)  of
subdivision  two of section sixty-three hundred forty of this article to
file an application for an  extreme  risk  protection  order  against  a
person  such  health  care  provider has examined shall, upon filing any
application for an extreme  risk  protection  order,  be  authorized  to
disclose  protected  health information, of the person against whom such
order is  sought  as  are  necessary  for  the  full  investigation  and
disposition  of  such  application  for an extreme risk protection order
under this article. When disclosing protected health  information,  such
health  care  provider  shall make reasonable efforts to limit protected
health information to the minimum necessary to accomplish the filing  of
the application.

(b) Upon receipt of a petition by any health care provider identified in paragraph (a) of this subdivision and for good cause shown, the court may issue orders as may be necessary to obtain any records or documents relating to diagnosis, prognosis or treatment, and clinical records, of the patient against whom the order is sought as are necessary for the full investigation and disposition of an application for an extreme risk protection order under this article. All such records and other health information provided shall be sealed by the court. 2. The decision of any health care provider described in subdivision one of this section to disclose or not to disclose records or documents relating to the diagnosis, prognosis or treatment, and clinical records of a patient under paragraphs (a) and (b) of subdivision one of this section, when made reasonably and in good faith, shall not be the basis for any civil or criminal liability with respect to such health care provider.