Bill Text: NY S04816 | 2013-2014 | General Assembly | Introduced

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Bill Title: Creates the offense of reckless infection of a patient with a communicable disease by a health care provider.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S04816 Detail]

Download: New_York-2013-S04816-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4816
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2013
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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  offense  of
         reckless  infection  of  a  patient  with  a communicable disease by a
         health care provider
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 240.67 to
    2  read as follows:
    3  S 240.67 RECKLESS INFECTION OF A PATIENT WITH A COMMUNICABLE DISEASE  BY
    4             A HEALTH CARE PROVIDER.
    5    A  PERSON IS GUILTY OF RECKLESS INFECTION OF A PATIENT WITH A COMMUNI-
    6  CABLE DISEASE BY A HEALTH CARE PROVIDER  WHEN  A  HEALTH  CARE  PROVIDER
    7  THROUGH  RECKLESS CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE REUSE OF A
    8  SYRINGE, NEEDLE OR OTHER SHARP, INFECTS A PATIENT  WITH  A  COMMUNICABLE
    9  DISEASE.  FOR THE PURPOSES OF THIS SECTION, "HEALTH CARE PROVIDER" MEANS
   10  ANY PERSON WHO IS, OR IS REQUIRED TO BE, LICENSED OR REGISTERED OR HOLDS
   11  HIMSELF  OR  HERSELF  OUT  TO  BE  LICENSED  OR  REGISTERED, OR PROVIDES
   12  SERVICES AS IF HE OR SHE WERE LICENSED OR REGISTERED IN  THE  PROFESSION
   13  OF  MEDICINE,  CHIROPRACTIC,  DENTISTRY  OR  PODIATRY  UNDER  ANY OF THE
   14  FOLLOWING: ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED  THIRTY-TWO,  ONE
   15  HUNDRED THIRTY-THREE, OR ONE HUNDRED FORTY-ONE OF THE EDUCATION LAW.
   16    RECKLESS  INFECTION  OF  A  PATIENT  WITH  A COMMUNICABLE DISEASE BY A
   17  HEALTH CARE PROVIDER IS A CLASS E FELONY.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00377-01-3