Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Apr 25, 2014 |
referred to health |
Senate Bill S7092
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S7092 (ACTIVE) - Details
2013-S7092 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7092 REVISED MEMO 05/07/2014 TITLE OF BILL: An act to amend the public health law and the general business law, in relation to the warranting of medical devices PURPOSE: To require sellers of medical devices to provide an express warranty that their product is fit for the ordinary purpose for which such device is used. SUMMARY OF PROVISIONS: Section one adds a new Public Health Law § 2803(8-b) to require the Commissioner of Health to establish procedures for hospitals to notify patients receiving medical devices, that such devices are warranted for a period of seven years for electronic medical devices and ten years for all other medical devices. Section two adds a new Article 30-B to the General Business Law establishing the medical device warranty. This section requires the initial seller of an electronic medical device, which is defined as a medical device that requires a battery or similar power source to function, to provide each consumer of such device with a warranty that the device is fit for its ordinary purpose and free from defect for a period of seven years after it is first used, attached or applied to
2013-S7092 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7092 I N S E N A T E April 25, 2014 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the general business law, in relation to the warranting of medical devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2803 of the public health law is amended by adding a new subdivision 8-b to read as follows: 8-B. THE COMMISSIONER SHALL ESTABLISH PROCEDURES TO BE FOLLOWED BY HOSPITALS FOR NOTIFICATION TO PATIENTS WHO RECEIVE MEDICAL DEVICES DURING THE COURSE OF THEIR TREATMENT, THAT SUCH DEVICES ARE WARRANTED FOR A PERIOD OF SEVEN YEARS FOR ELECTRONIC MEDICAL DEVICES AND FOR A PERIOD OF TEN YEARS FOR ALL OTHER MEDICAL DEVICES, PURSUANT TO ARTICLE THIRTY-B OF THE GENERAL BUSINESS LAW. S 2. The general business law is amended by adding a new article 30-B to read as follows: ARTICLE 30-B MEDICAL DEVICE WARRANTY SECTION 645. DEFINITIONS. 646. EXPRESS WARRANTY REQUIRED. 647. ADDITIONAL REMEDIES OF CONSUMERS. 648. PROHIBITION AGAINST WAIVER OF RIGHTS. S 645. DEFINITIONS. WHENEVER USED IN THIS ARTICLE, UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE FOLLOWING WORDS OR TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CONSUMER" MEANS THE PERSON UPON WHICH A MEDICAL DEVICE WAS USED, ATTACHED OR APPLIED, REGARDLESS OF WHO PURCHASED OR ACQUIRED SUCH DEVICE. 2. "ELECTRONIC MEDICAL DEVICE" MEANS A MEDICAL DEVICE THAT REQUIRES A BATTERY OR SIMILAR POWER SOURCE TO FUNCTION. 3. "MEDICAL DEVICE" MEANS INSTRUMENTS, APPARATUS AND CONTRIVANCES, INCLUDING THEIR PARTS, COMPONENTS AND ACCESSORIES INTENDED FOR THE CURE, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13114-03-4
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