New York A 9247: Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual

Bill Text

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A09247 Summary:

BILL NOA09247 

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SAME ASNo Same As

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SPONSORDiPietro

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COSPNSR

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MLTSPNSR

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Amd §§400.00 & 400.02, Pen L

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Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual; prohibits the condition of the consent of release for an application for a firearms license.

Go to top A09247 Actions:

BILL NOA09247 

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11/07/2025referred to codes

01/07/2026referred to codes

Go to topA09247 Committee&nbspVotes:

Go to topA09247 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09247 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9247

 2025-2026 Regular Sessions

 IN ASSEMBLY

 November 7, 2025
 ___________

 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the penal law, in relation to prohibiting the release of
 personal medical records or information without a warrant or express
 written authorization of the individual

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

 1 Section 1. Subdivision 4 of section 400.00 of the penal law, as
 2 amended by chapter 371 of the laws of 2022, is amended to read as
 3 follows:
 4 4. Investigation. Before a license is issued or renewed, there shall
 5 be an investigation of all statements required in the application by the
 6 duly constituted police authorities of the locality where such applica-
 7 tion is made, including but not limited to such records as may be acces-
 8 sible to the division of state police or division of criminal justice
 9 services pursuant to section 400.02 of this article. For that purpose,
 10 the records of the appropriate office of the department of mental
 11 hygiene concerning previous or present mental illness of the applicant
 12 shall be available for inspection by the investigating officer of the
 13 police authority. Where the applicant is domiciled in a foreign state,
 14 the investigation shall include inquiry of the foreign state for records
 15 concerning the previous or present mental illness of the applicant, and,
 16 to the extent necessary for inspection by the investigating officer, the
 17 applicant shall execute a waiver of confidentiality of such record in
 18 such form as may be required by the foreign state. In order to ascertain
 19 any previous criminal record, the investigating officer shall take the
 20 fingerprints and physical descriptive data in quadruplicate of each
 21 individual by whom the application is signed and verified. Two copies of
 22 such fingerprints shall be taken on standard fingerprint cards eight
 23 inches square, and one copy may be taken on a card supplied for that
 24 purpose by the federal bureau of investigation; provided, however, that

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13462-01-5

 A. 9247 2

 1 in the case of a corporate applicant that has already been issued a
 2 dealer in firearms license and seeks to operate a firearm dealership at
 3 a second or subsequent location, the original fingerprints on file may
 4 be used to ascertain any criminal record in the second or subsequent
 5 application unless any of the corporate officers have changed since the
 6 prior application, in which case the new corporate officer shall comply
 7 with procedures governing an initial application for such license. When
 8 completed, one standard card shall be forwarded to and retained by the
 9 division of criminal justice services in the executive department, at
 10 Albany. A search of the files of such division and written notification
 11 of the results of the search shall be forwarded to the investigating
 12 officer and shall be made without unnecessary delay. Thereafter, such
 13 division shall notify the licensing officer and the executive depart-
 14 ment, division of state police, Albany, of any criminal record of the
 15 applicant filed therein subsequent to the search of its files. A second
 16 standard card, or the one supplied by the federal bureau of investi-
 17 gation, as the case may be, shall be forwarded to that bureau at Wash-
 18 ington with a