S T A T E O F N E W Y O R K
________________________________________________________________________
1622
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ZEBROWSKI, ALFANO, ESPAILLAT, JAFFEE, ORTIZ,
ARROYO, FIELDS, LANCMAN, J. RIVERA, CLARK, GALEF, MAISEL, EDDINGTON,
HEVESI -- Multi-Sponsored by -- M. of A. HOOPER, HYER-SPENCER,
V. LOPEZ, McENENY, PHEFFER, ROBINSON, WEISENBERG -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of
reckless infection of a patient with a communicable disease by a
health care provider; to amend the public health law, in relation to
requiring the notification of patients by the department of health if
a health care provider is determined to have exposed patients to a
communicable disease through reckless conduct; to amend the education
law, in relation to establishing as professional misconduct certain
reckless conduct; and to amend the civil practice law and rules, in
relation to the time period for commencing certain medical malpractice
actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 240.67 to
read as follows:
S 240.67 RECKLESS INFECTION OF A PATIENT WITH A COMMUNICABLE DISEASE BY
A HEALTH CARE PROVIDER.
A PERSON IS GUILTY OF RECKLESS INFECTION OF A PATIENT WITH A COMMUNI-
CABLE DISEASE BY A HEALTH CARE PROVIDER WHEN A HEALTH CARE PROVIDER
THROUGH RECKLESS CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE REUSE OF A
SYRINGE, NEEDLE OR OTHER SHARP, INFECTS A PATIENT WITH A COMMUNICABLE
DISEASE. FOR THE PURPOSES OF THIS SECTION, "HEALTH CARE PROVIDER" MEANS
ANY PERSON WHO IS, OR IS REQUIRED TO BE, LICENSED OR REGISTERED OR HOLDS
HIMSELF OR HERSELF OUT TO BE LICENSED OR REGISTERED, OR PROVIDES
SERVICES AS IF HE OR SHE WERE LICENSED OR REGISTERED IN THE PROFESSION
OF MEDICINE, CHIROPRACTIC, DENTISTRY OR PODIATRY UNDER ANY OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01933-01-9
A. 1622 2
FOLLOWING: ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-TWO, ONE
HUNDRED THIRTY-THREE, OR ONE HUNDRED FORTY-ONE OF THE EDUCATION LAW.
RECKLESS INFECTION OF A PATIENT WITH A COMMUNICABLE DISEASE BY A
HEALTH CARE PROVIDER IS A CLASS E FELONY.
S 2. Subdivision 1 of section 206 of the public health law is amended
by adding a new paragraph (t) to read as follows:
(T) NOTIFY THE PATIENT OR PATIENTS OF A HEALTH CARE PROVIDER IF SUCH
HEALTH CARE PROVIDER IS DETERMINED TO HAVE EXPOSED SUCH PATIENT OR
PATIENTS TO A COMMUNICABLE DISEASE THROUGH RECKLESS CONDUCT, INCLUDING,
BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE OR OTHER SHARP.
S 3. Section 6530 of the education law is amended by adding a new
subdivision 50 to read as follows:
50. EXPOSING PATIENTS TO A COMMUNICABLE DISEASE DUE TO RECKLESS
CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE
OR OTHER SHARP.
S 4. Section 214-a of the civil practice law and rules, as amended by
chapter 485 of the laws of 1986, is amended to read as follows:
S 214-a. Action for medical, dental or podiatric malpractice to be
commenced within two years and six months; exceptions. 1. An action for
medical, dental or podiatric malpractice must be commenced within two
years and six months of the act, omission or failure complained of or
last treatment where there is continuous treatment for the same illness,
injury or condition which gave rise to the said act, omission or fail-
ure; provided, however, that:
(A) where the action is based upon the discovery of a foreign object
in the body of the patient, the action may be commenced within one year
of the date of such discovery or of the date of discovery of facts which
would reasonably lead to such discovery, whichever is earlier; AND
(B) WHERE THE ACTION IS BASED UPON THE INFECTION OF THE PATIENT WITH A
COMMUNICABLE DISEASE THROUGH THE RECKLESS CONDUCT OF A HEALTH CARE
PROVIDER INCLUDING, BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE
OR OTHER SHARP, THE ACTION SHALL BE COMMENCED WITHIN TWO YEARS AND SIX
MONTHS OF THE DATE UPON WHICH A PATIENT: (I) IS INFORMED BY THE DEPART-
MENT OF HEALTH THAT HE OR SHE MAY HAVE BEEN EXPOSED TO A COMMUNICABLE
DISEASE BY THE RECKLESS CONDUCT OF A HEALTH CARE PROVIDER; OR (II)
OTHERWISE BECOMES AWARE OF SUCH FACTS AS WOULD LEAD A REASONABLE PERSON
TO BELIEVE THAT HE OR SHE HAD BEEN SO EXPOSED.
2. For the purpose of this section the term "continuous treatment"
shall not include examinations undertaken at the request of the patient
for the sole purpose of ascertaining the state of the patient's condi-
tion. For the purpose of this section the term "foreign object" shall
not include a chemical compound, fixation device or prosthetic aid or
device.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.