Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 09, 2009 |
referred to codes |
Senate Bill S1913
2009-2010 Legislative Session
Sponsored By
(R, C, Ind, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
co-Sponsors
(D) Senate District
(R, C, IP) Senate District
2009-S1913 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1622
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §240.67, Pen L; amd §206, Pub Health L; amd §6530, Ed L; amd §214-a, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3430, A5576
2013-2014: S2836
2009-S1913 (ACTIVE) - Summary
Creates the crime of reckless infection of a patient with a communicable disease by a health care provider; requires the notification of patients by the department of health if a health care provider is determined to have exposed patients to a communicable disease through reckless conduct such as the reuse of a syringe, needle or other sharp; establishes as professional misconduct the reuse of a syringe, needle or other sharp; and relates to the time period for commencing certain medical malpractice actions.
2009-S1913 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1913 TITLE OF BILL : An act to amend the penal law, in relation to creating the crime of reckless infection of a patient with a communicable disease by a health care provider; to amend the public health law, in relation to requiring the notification of patients by the department of health if a health care provider is determined to have exposed patients to a communicable disease through reckless conduct; to amend the education law, in relation to establishing as professional misconduct certain reckless conduct; and to amend the civil practice law and rules, in relation to the time period for commencing certain medical malpractice actions PURPOSE : This bill establishes comprehensive reforms regarding medical misconduct by: (1) Creating a felony for medical professionals who infect patients with a communicable disease through reckless conduct, such as re-using needles; (2) Requiring the State Health Commissioner to inform all patients if they have been exposed to a communicable disease through medical misconduct; (3) Mandate license suspension if it is found that patients have been exposed to communicable diseases through a physician's reckless conduct; (4) Extend the statute of
2009-S1913 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1913 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sens. MORAHAN, DIAZ, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to creating the crime of reckless infection of a patient with a communicable disease by a health care provider; to amend the public health law, in relation to requiring the notification of patients by the department of health if a health care provider is determined to have exposed patients to a communicable disease through reckless conduct; to amend the education law, in relation to establishing as professional misconduct certain reckless conduct; and to amend the civil practice law and rules, in relation to the time period for commencing certain medical malpractice actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 240.67 to read as follows: S 240.67 RECKLESS INFECTION OF A PATIENT WITH A COMMUNICABLE DISEASE BY A HEALTH CARE PROVIDER. A PERSON IS GUILTY OF RECKLESS INFECTION OF A PATIENT WITH A COMMUNI- CABLE DISEASE BY A HEALTH CARE PROVIDER WHEN A HEALTH CARE PROVIDER THROUGH RECKLESS CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE OR OTHER SHARP, INFECTS A PATIENT WITH A COMMUNICABLE DISEASE. FOR THE PURPOSES OF THIS SECTION, "HEALTH CARE PROVIDER" MEANS ANY PERSON WHO IS, OR IS REQUIRED TO BE, LICENSED OR REGISTERED OR HOLDS HIMSELF OR HERSELF OUT TO BE LICENSED OR REGISTERED, OR PROVIDES SERVICES AS IF HE OR SHE WERE LICENSED OR REGISTERED IN THE PROFESSION OF MEDICINE, CHIROPRACTIC, DENTISTRY OR PODIATRY UNDER ANY OF THE FOLLOWING: ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, OR ONE HUNDRED FORTY-ONE OF THE EDUCATION LAW. RECKLESS INFECTION OF A PATIENT WITH A COMMUNICABLE DISEASE BY A HEALTH CARE PROVIDER IS A CLASS E FELONY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01933-01-9
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