Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 22, 2014 |
referred to consumer affairs and protection |
Assembly Bill A9781
2013-2014 Legislative Session
Sponsored By
MAYER
Archive: Last Bill Status - In Assembly 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
Actions
2013-A9781 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7092
- Current Committee:
- Assembly Consumer Affairs And Protection
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §2803, Pub Health L; add Art 30-B §§645 - 648, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
A1859, A8142, S5566
2017-2018: A1964, S3942
2013-A9781 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9781 I N A S S E M B L Y May 22, 2014 ___________ Introduced by M. of A. MAYER -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the public health law and the general business law, in relation to the warranting of medical devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2803 of the public health law is amended by adding a new subdivision 8-b to read as follows: 8-B. THE COMMISSIONER SHALL ESTABLISH PROCEDURES TO BE FOLLOWED BY HOSPITALS FOR NOTIFICATION TO PATIENTS WHO RECEIVE MEDICAL DEVICES DURING THE COURSE OF THEIR TREATMENT, THAT SUCH DEVICES ARE WARRANTED FOR A PERIOD OF SEVEN YEARS FOR ELECTRONIC MEDICAL DEVICES AND FOR A PERIOD OF TEN YEARS FOR ALL OTHER MEDICAL DEVICES, PURSUANT TO ARTICLE THIRTY-B OF THE GENERAL BUSINESS LAW. S 2. The general business law is amended by adding a new article 30-B to read as follows: ARTICLE 30-B MEDICAL DEVICE WARRANTY SECTION 645. DEFINITIONS. 646. EXPRESS WARRANTY REQUIRED. 647. ADDITIONAL REMEDIES OF CONSUMERS. 648. PROHIBITION AGAINST WAIVER OF RIGHTS. S 645. DEFINITIONS. WHENEVER USED IN THIS ARTICLE, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE FOLLOWING WORDS OR TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CONSUMER" MEANS THE PERSON UPON WHICH A MEDICAL DEVICE WAS USED, ATTACHED OR APPLIED, REGARDLESS OF WHO PURCHASED OR ACQUIRED SUCH DEVICE. 2. "ELECTRONIC MEDICAL DEVICE" MEANS A MEDICAL DEVICE THAT REQUIRES A BATTERY OR SIMILAR POWER SOURCE TO FUNCTION. 3. "MEDICAL DEVICE" MEANS INSTRUMENTS, APPARATUS AND CONTRIVANCES, INCLUDING THEIR PARTS, COMPONENTS AND ACCESSORIES INTENDED FOR THE CURE, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13114-03-4
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.