§ 33.16 Access to clinical records.\n (a) Definitions. For the purposes of this section:\n 1. "Clinical record" means any information concerning or relating to\nthe examination or treatment of an identifiable patient or client\nmaintained or possessed by a facility which has treated or is treating\nsuch patient or client, except data disclosed to a practitioner in\nconfidence by other persons on the basis of an express condition that\nsuch data would never be disclosed to the patient or client or other\npersons, provided that such data has never been disclosed by the\npractitioner or a facility to any other person. If at any time such data\nis disclosed, it shall be considered clinical records for the purposes\nof this section. For purposes of this subdivision, "disclosure to any\nother person" shall not include disclosures made pursuant to section\n33.13 of this article, to practitioners as part of a consultation or\nreferral during the treatment of the patient or client, to the statewide\nplanning and research cooperative system, or to the committee or a court\npursuant to the provisions of this section or to an insurance carrier\ninsuring, or an attorney consulted by, a facility.\n 2. "Committee" means a clinical record access review committee\nappointed pursuant to this section.\n 3. "Facility" means a facility as defined in section 1.03 of this\nchapter, a program requiring approval for operation pursuant to article\nthirty-two of this chapter, institutions offering training in\npsychotherapy, psychoanalysis and related areas chartered pursuant to\nsection two hundred sixteen of the education law, or, notwithstanding\nsection 1.03 of this chapter, any provider of services for persons with\nmental illness or developmental disabilities which is operated by, under\ncontract with, receives funding from, or is otherwise approved to render\nservices by, a director of community services pursuant to article\nforty-one of this chapter or one or both of the offices, including any\nsuch provider which is exempt from the requirement for an operating\ncertificate under article sixteen or article thirty-one of this chapter.\n 4. "Mental health practitioner" or "practitioner" means a person\nemployed by or rendering a service at a facility maintaining the\nclinical record licensed under article one hundred thirty-one of the\neducation law who practices psychiatry or a person licensed under\narticle one hundred thirty-nine, one hundred fifty-three or one hundred\nfifty-four of the education law or any other person not prohibited by\nlaw from providing mental health or developmental disabilities services.\n 5. "Patient or client" means an individual concerning whom a clinical\nrecord is maintained or possessed by a facility as defined in paragraph\nthree of this subdivision.\n 6. "Qualified person" means any properly identified patient or client,\nguardian of a person with a developmental disability appointed pursuant\nto article seventeen-A of the surrogate's court procedure act, or\ncommittee for an incompetent appointed pursuant to this chapter or a\nparent of an infant, or a guardian of an infant appointed pursuant to\narticle seventeen of the surrogate's court procedure act or other\nlegally appointed guardian of an infant who may be entitled to request\naccess to a clinical record pursuant to paragraph three of subdivision\n(b) of this section, or a parent, spouse, adult child, or adult sibling\nof an adult patient or client who may be entitled to request access to a\nclinical record pursuant to paragraph four of subdivision (b) of this\nsection.\n 7. "Treating practitioner" means the practitioner, who has or had\nprimary responsibility for the care of the patient or client within the\nfacility or if such practitioner is unavailable, a practitioner\ndesignated by such facility.\n (b) Access by qualified persons. 1. Subject to the provisions of\nsubdivision (c) of this section, upon the written request of any patient\nor cl
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