S T A T E O F N E W Y O R K
________________________________________________________________________
2989
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
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Introduced by M. of A. ZEBROWSKI, MOSLEY, RIVERA, GALEF, OTIS, ABINANTI,
RAIA, BARCLAY, MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO,
COOK -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to expanding the
duties of the commissioner of health to 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; and to amend the education law, in relation
to including exposing patients to a communicable disease due to reck-
less conduct in the definition of professional medical malpractice
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 206 of the public health law is
amended by adding a new paragraph (w) to read as follows:
(W) 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.
§ 2. 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.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06167-01-9