S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1970
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by M. of A. ZEBROWSKI, MOSLEY, RIVERA, OTIS, ABINANTI, RAIA,
   MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO,  BRAUNSTEIN,  COOK
   -- 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 1 of the laws of 2018, is amended to read as follows:
   §  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  discov-
 ery,  whichever  is  earlier; and (b) where the action is based upon the
 alleged negligent failure to  diagnose  cancer  or  a  malignant  tumor,
 whether by act or omission, the action may be commenced within two years
 and  six  months  of  the  later  of either (i) when the person knows or
 reasonably should have known of such alleged negligent act  or  omission
 and  knows  or  reasonably should have known that such alleged negligent
 act or omission has caused injury, provided, that such action  shall  be
 commenced  no  later than seven years from such alleged negligent act or
 omission, or (ii) the date of the last treatment where there is  contin-
 uous  treatment for such injury, illness or condition; AND (C) WHERE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01556-01-9

 A. 1970                             2
 
 ACTION IS BASED UPON THE INFECTION OF THE PATIENT  WITH  A  COMMUNICABLE
 DISEASE  THROUGH  THE RECKLESS CONDUCT OF A HEALTH CARE PROVIDER INCLUD-
 ING, 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 DEPARTMENT  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.
   § 2. This act shall take effect immediately.