§ 4504.Physician, dentist, podiatrist, chiropractor and nurse.
Article 45. Evidence · Last amended 1993 · Last verified July 21, 2026
In one sentenceCPLR 4504 bars a physician, dentist, podiatrist, chiropractor, or nurse from disclosing confidential information learned while treating a patient unless the patient waives it, subject to exceptions for identification, crimes against children, a deceased patient's condition, and unauthorized practice of medicine.
(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.
Plain-English Summary
Unless the patient waives it, a person licensed to practice medicine, nursing, dentistry, podiatry, or chiropractic cannot disclose information learned while treating a patient that was necessary to the treatment. The privilege attaches to the professional relationship, not just the license, so it extends to medical corporations and university faculty practice corporations formed to deliver care, and to the patients those entities treat. A patient who authorizes disclosure of privileged information solely to obtain insurance benefits is not treated as having waived the privilege for other purposes, and the statute defines person and insurance benefits broadly enough to cover self-insured plans.
Two disclosure duties cut against the general privilege. A dentist must disclose information needed to identify a patient, and any of the covered providers must disclose information indicating that a patient under sixteen has been the victim of a crime. Both duties exist because identification and protecting children from crime outweigh the patient's interest in keeping the information private.
Once a patient has died, the privilege bends further. A physician or nurse must disclose information about the deceased patient's mental or physical condition, except anything that would disgrace the decedent's memory, either where no party objects or where the privilege has been waived by the personal representative, surviving spouse, or next of kin; by any interested party where the trial judge finds the personal representative's interests adverse to the estate's; or, in a will contest, by the named executor, surviving spouse, or an heir.
Subdivision (d) does something different: it makes a person's lack of authorization to practice medicine prima facie evidence of negligence in a personal injury or wrongful death case, where that unauthorized practice was a proximate or contributing cause of the injury or death.
Frequently Asked Questions
What is the physician-patient privilege in New York?
CPLR 4504 bars a physician, nurse, dentist, podiatrist, or chiropractor from disclosing information learned while treating a patient in a professional capacity, unless the patient waives the privilege.
Does authorizing an insurance company to see my medical records waive the privilege?
No. CPLR 4504(a) provides that authorizing disclosure of privileged information to obtain insurance benefits is not treated as a waiver of the privilege for any other purpose.
Can a doctor be forced to identify a patient?
A dentist can be, under CPLR 4504(b), which requires disclosure of information necessary to identify a patient regardless of the general privilege.
Do doctors have to report crimes against children under CPLR 4504?
Yes. CPLR 4504(b) requires a physician, dentist, podiatrist, chiropractor, or nurse to disclose information showing that a patient under sixteen was the victim of a crime.
Does the physician-patient privilege survive the patient's death?
Largely not. CPLR 4504(c) requires disclosure of a deceased patient's mental or physical condition, apart from anything that would disgrace the decedent's memory, whenever no party to the litigation objects, or once the privilege is waived, whether by the personal representative, surviving spouse, or next of kin; by any party in interest where the trial judge finds the personal representative's interests adverse to the estate's; or, in a will contest, by the named executor, surviving spouse, or an heir.
Who can waive a deceased patient's physician-patient privilege?
The personal representative, the surviving spouse, or the next of kin can waive it; in a will dispute, the named executor, surviving spouse, or an heir-at-law can waive it as well.
Does the privilege apply to a medical corporation?
Yes. CPLR 4504(a) extends the physician-patient relationship, and its privilege, to a medical corporation or university faculty practice corporation and the patients it treats.
What happens if someone practices medicine without a license and hurts a patient?
CPLR 4504(d) makes the lack of authorization prima facie evidence of negligence in a personal injury or wrongful death action, where the unauthorized practice was a proximate or contributing cause of the harm.
Advisory Committee Notes
Subd (a) of this section is exactly the same as former § 352, except for the addition of the phrase, “Unless the patient waives the privilege,” and substitution of “medicine” for “physic or surgery.” The single word is clearer and has the same meaning. Cf. Educ Law § 6501(4). The requirement in former § 354 of express waiver at the trial or examination or by stipulation is omitted. As in the case of the attorney-client privilege, waiver may, under the cases, be implied. See, e.g., Apter v Home Life Ins. Co. 266 NY 333, 336, 194 NE 846, 847 (1935). The reason for these limitations on waiver in former § 354 has been aptly stated as follows: “This statutory requirement nullifies waivers made by contract by the patient prior to trial or examination. Its principal purpose was to correct the practice and resultant abuse of waivers inserted in contracts of life insurance.” Richardson, Evidence 441 (8th ed, Prince 1955). However, the New York policy on this point has changed. Since these restrictions on waiver were first adopted, this state has enacted a statute compelling waiver of the insured’s privilege in an action on a life insurance policy. Subdivision 4 of section 149 of the Insurance Law provides that “[i]f in any action to rescind any such contract or to recover thereon . . . the insured or any other person having or claiming a right under such contract shall prevent full disclosure and proof of the nature of such medical impairment, such misrepresentation shall be presumed to have been material.” See also Note, 1 Syracuse L Rev 101 (1949). Obtaining of a waiver by fraud or duress can, of course, be met by the court’s refusal to recognize it.
Subd (b) and (c) of this section consist of those portions of former sections 352 and 354, except for the waiver clause, which limit the physician-patient privilege. There are a number of minor language changes. The word “physician” is as broad as the former phrase “physician or surgeon.” Cf. Educ Law § 6501(4).
Amendment History
Add, L 1962, ch 308; amd, L 1966, ch 252, eff Sept 1, 1966; L 1971, ch 987, § 3, eff Sept 1, 1971; L 1971, ch 1139, § 15; L 1984, ch 913, § 1, eff Oct 5, 1984; L 1990, ch 800, § 1; L 1991, ch 457, § 1, eff July 19, 1991; L 1993, ch 555, § 3, eff July 28, 1993.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as:physician patient privilege New Yorkdoctor patient confidentiality CPLRmedical privilege waiver insurance New Yorkdeceased patient medical records privilegeNew York medical privilege statutenurse patient privilege New Yorkunauthorized practice of medicine negligence