NY State Senate Bill 2011-S3430

Senate Bill S3430

2011-2012 Legislative Session

Requires the notification of patients if it is determined that a health care provider exposed patients to a communicable disease through reckless conduct

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Feb 22, 2011	referred to codes

2011-S3430 (ACTIVE) - Details

See Assembly Version of this Bill:: A5576
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §240.67, Pen L; amd §206, Pub Health L; amd §6530, Ed L; amd §214-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1913, A1622
2013-2014: S2836

2011-S3430 (ACTIVE) - Summary

Creates the crime of reckless infection of a patient with a communicable disease by a health care provider; requires 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 such as the reuse of a syringe, needle or other sharp; establishes as professional misconduct the reuse of a syringe, needle or other sharp; and relates to the time period for commencing certain medical malpractice actions.

2011-S3430 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3430

TITLE OF BILL:

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

PURPOSE:

This bill establishes comprehensive reforms regarding medical
misconduct by: (1) Creating a felony for medical professionals who
infect patients with a communicable disease through reckless conduct,
such as re-using needles; (2) Requiring the State Health Commissioner
to inform all patients if they have been exposed to a communicable
disease through medical misconduct; (3) Mandate license suspension if
it is found that patients have been exposed to communicable diseases
through a physician's reckless conduct; (4) Extend the statute of

limitations in civil suits for medical malpractice until 30 months
after the patient has been notified that they may have been exposed
to a communicable disease through the reckless conduct of a physician.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds section 240.67 to the penal law to create
the crime of infecting a patient with a communicable disease by a
health care provider through reckless conduct including but not
limited to, the re-use of a syringe, needle or other sharp.

Section 2 of the bill amends subdivision 1 of section 206 in the
public health law by adding paragraph (s) as it relates to
notification of the patients of a health care provider if they have
been determined to have exposed such patient or patients to a
communicable disease through reckless conduct.

Section 3 of the bill amends section 6530 of the education law by
adding subdivision 50 as it relates to the definition of professional
misconduct by including exposing patients to a communicable disease
due to reckless conduct such as re-use of a syringe, needle or other
sharp.

Section 4 of the bill amends section 214-a of the civil practice law
and rules, as amended by chapter 485 of the laws of 1986, by adding
the action of infection of a patient with a communicable disease
through reckless conduct of a health care provider by reusing
syringe, needle or other sharp, as part of action of malpractice to
be commenced within two years and six months.


JUSTIFICATION:

This is a comprehensive reform package that: 1) provides stiff
criminal and professional penalties for doctors who recklessly infect
patients through the re-use of" sharps", 2) directs the Department of
Health to notify patients who have been exposed by such conduct in a
timely manner and 3) extends the statute of limitations for patients
exposed to 30 months after the patient has been notified. This
legislation has been proposed as a result of a scandal on Long Island
where a doctor exposed hundreds of patients to infectious diseases
including Hepatitis B, C and HIV.

Despite his reckless conduct the doctor was not charged with any major
criminal charges nor was his professional license revoked. The
patients who were exposed were not informed by the Department of
Health for 3 years, preventing them from receiving medical care and
potentially putting their spouses and family members at risk of
infection. Furthermore, these patients are now barred from seeking
civil remedies against this doctor because the statute of limitations
starts running from the date of the malpractice, not the date of
notification. This comprehensive package would address and rectify
each of the above scenarios both deterring such conduct in the future
and protecting patients should a similar scenario take place again.

LEGISLATIVE HISTORY:

2009-2010: S.1913/A.1622 - Died in Codes
2007-2008: S.6820/A.9608 - Reported and Committed to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act would take effect on the one hundred twentieth day after it
shall become law.

2011-S3430 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3430

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 22, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09440-01-1

S. 3430                             2

  S  2. Subdivision 1 of section 206 of the public health law is amended
by adding a new paragraph (s) to read as follows:
  (S)  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.

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