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

                                  1886

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  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  commission  of public 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 reckless conduct in the definition of professional medical malprac-
  tice

  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 (s) to read as follows:
  (S) 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.
  S  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.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00375-01-3