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§ 6348.Protections for health care providers applying for an extreme risk protection order.
Article 63-A. Extreme Risk Protection Orders · Last amended 2022 · Last verified July 21, 2026
In one sentenceCPLR 6348 lets a health care provider who is authorized to file an extreme risk protection order petition disclose the minimum protected health information needed for the case, allows a court to compel further treatment records on a showing of good cause, and shields good-faith disclosure decisions from liability.
Full Text of CPLR 6348
(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.
Plain-English Summary
Notwithstanding the privilege rules in Article 45 or any other law, a health care provider authorized under CPLR 6340 to petition for an extreme risk protection order against a person the provider has examined may, upon filing that application, disclose the protected health information necessary for the full investigation and disposition of the petition. The provider must make reasonable efforts to limit what is disclosed to the minimum necessary to file the application.
On a petition from that provider and a showing of good cause, the court may order the production of records or documents relating to the respondent's diagnosis, prognosis, treatment, or clinical history, to the extent necessary for the investigation and disposition of the ERPO application. Any records produced this way are sealed by the court.
A provider's decision, made reasonably and in good faith, to disclose or withhold such records is not grounds for civil or criminal liability.
Frequently Asked Questions
Can a doctor share a patient's health records to support an ERPO petition?
Yes. CPLR 6348 lets an authorized health care provider disclose the protected health information necessary to investigate and decide the petition, limited to the minimum necessary.
Is a health care provider protected from liability for filing an ERPO petition?
Yes, for the disclosure decision itself. A provider's reasonable, good-faith decision to disclose or withhold treatment records under this section is not grounds for civil or criminal liability.
Does patient confidentiality ever block an ERPO petition in New York?
No. CPLR 6348 overrides the Article 45 privilege rules and other confidentiality law for the limited purpose of filing and supporting an ERPO petition.
Are health records disclosed in an ERPO case kept confidential going forward?
Yes. Any records or documents the court orders produced under this section are sealed.
Can a court force a provider to turn over more treatment records than the provider volunteers?
Yes, on the provider's own petition and a showing of good cause, the court may order production of additional diagnosis, prognosis, treatment, or clinical records needed for the case.
Amendment History
L 2022, ch 208, § 3, effective July 6, 2022.
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: doctor patient privilege ERPO New Yorkhealth care provider red flag law immunityHIPAA and extreme risk protection orders New York