Bill Text: NY A06065 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2023-04-26 - substituted by s2997 [A06065 Detail]

Download: New_York-2023-A06065-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6065

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Codes

        AN  ACT to amend the civil practice law and rules, in relation to chang-
          ing reference from physician, osteopath  or  dentist  to  health  care
          practitioner

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Rule 2106 of the civil practice law and rules,  as  amended
     2  by chapter 380 of the laws of 2014, is amended to read as follows:
     3    Rule  2106. Affirmation of truth of statement. (a) The statement of an
     4  attorney admitted to practice in the  courts  of  the  state,  or  of  a
     5  [physician,  osteopath  or  dentist]  health care practitioner licensed,
     6  certified, or authorized [by] under title eight of the education law  to
     7  practice  in the state, who is not a party to an action, when subscribed
     8  and affirmed by him or her to be true under the  penalties  of  perjury,
     9  may  be served or filed in the action in lieu of and with the same force
    10  and effect as an affidavit.
    11    (b) The statement of  any  person,  when  that  person  is  physically
    12  located  outside  the geographic boundaries of the United States, Puerto
    13  Rico, the United States Virgin Islands,  or  any  territory  or  insular
    14  possession  subject to the jurisdiction of the United States, subscribed
    15  and affirmed by that person to be true under the penalties  of  perjury,
    16  may  be  used in an action in lieu of and with the same force and effect
    17  as an affidavit. Such affirmation shall be in substantially the  follow-
    18  ing form:
    19    I  affirm this ___ day of ______, ____, under the penalties of perjury
    20  under the laws of New York, which may include a  fine  or  imprisonment,
    21  that  I  am  physically located outside the geographic boundaries of the
    22  United States, Puerto Rico, the United States  Virgin  Islands,  or  any
    23  territory  or  insular  possession  subject  to  the jurisdiction of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07030-01-3
        A. 6065                             2

     1  United States, that the foregoing is true, and I  understand  that  this
     2  document may be filed in an action or proceeding in a court of law.
     3    (Signature)
     4    § 2. This act shall take effect immediately.