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Title: Section 50-3.2 - Definitions

Effective Date


50-3.2 Definitions. For the purpose of this section:

(a) Committee means a medical record access review committee appointed by the Commissioner of Health to hear appeals from the denial of access to patient information as provided in Public Health Law, section 18.

(b) Health care provider or provider means a health care facility or a health care practitioner as defined in subdivisions (c) and (d) of this section.

(c) Health care facility or facility means a hospital as defined in Public Health Law, article 28; a home care services agency, as defined in Public Health Law, article 36; a hospice, as defined in Public Health Law, article 40; a health maintenance organization, as defined in Public Health Law, article 44; and a shared health facility, as defined in Public Health Law, article 47.

(d) Health care practitioner or practitioner means a person licensed under Education Law, article 131, 131-B, 132, 133, 136, 139, 141, 143, 144, 153, 154, 156 or 159 or a person certified under Public Health Law, section 2560.

(e) Patient information or information means any information as defined in Public Health Law, section 18(1)(e).

(f) API coordinator means the Department of Health employee responsible for administration, coordination and operation of the access to patient information program within the Department of Health.

(g) Qualified person means any properly identified subject, committee for an incompetent appointment pursuant to article 78 of the Mental Hygiene Law, or a parent of an infant, a guardian of an infant appointed pursuant to article 17 of the Surrogate's Court Procedure Act or other legally appointed guardian of an infant who may be entitled to request access to a clinical record pursuant to Public Health Law, section 18.

(h) Personal notes and observations shall mean a practitioner's speculations, impressions (other than tentative or actual diagnosis) and reminders, provided such data is maintained by a practitioner. Handwritten notes and observations shall not be presumed to be personal notes and observations.


VOLUME A-1 (Title 10)