S T A T E   O F   N E W   Y O R K
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                                  1535

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. ZEBROWSKI, LAVINE, MOSLEY, RIVERA, OTIS, ABINAN-
  TI, RAIA, BORELLI, MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO,
  BRAUNSTEIN, COOK, MOYA, ROBINSON, SALADINO, SCHIMEL -- 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.
                                                           LBD00414-01-5
              

A. 1535                             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.