S T A T E   O F   N E W   Y O R K
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                                  1881

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to length-
  ening the period of time for the filing of medical  malpractice  cases
  based  upon  allegations of reckless use of a syringe, needle or other
  sharp

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  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)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00378-01-3
              

A. 1881                             2

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 2. This act shall take effect immediately.