S T A T E O F N E W Y O R K ________________________________________________________________________ 1654 2015-2016 Regular Sessions I N A S S E M B L Y January 12, 2015 ___________ Introduced by M. of A. ZEBROWSKI, MOSLEY, LAVINE, RIVERA, GALEF, OTIS, ABINANTI, RAIA, BARCLAY, BORELLI, MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO, COOK, MOYA, ROBINSON, SALADINO -- 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: 1 Section 1. Subdivision 1 of section 206 of the public health law is 2 amended by adding a new paragraph (v) to read as follows: 3 (V) NOTIFY THE PATIENT OR PATIENTS OF A HEALTH CARE PROVIDER IF SUCH 4 HEALTH CARE PROVIDER IS DETERMINED TO HAVE EXPOSED SUCH PATIENT OR 5 PATIENTS TO A COMMUNICABLE DISEASE THROUGH RECKLESS CONDUCT, INCLUDING, 6 BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE OR OTHER SHARP. 7 S 2. Section 6530 of the education law is amended by adding a new 8 subdivision 50 to read as follows: 9 50. EXPOSING PATIENTS TO A COMMUNICABLE DISEASE DUE TO RECKLESS 10 CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE 11 OR OTHER SHARP. 12 S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00528-01-5