Creates the offense of reckless infection of a patient with a communicable disease by a health care provider.
TITLE OF BILL: 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
PURPOSE: This bill establishes a comprehensive reform regarding medical misconduct by creating a felony for medical professionals who infect patients with a communicable disease through reckless conduct, such as re-using needles.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds section 240.67 to the penal law to create the crime of infecting a patient with a communicable disease by a. health care provider through reckless conduct including but not limited to, the re-use of a syringe, needle or other sharp. This section also classifies the offense as a class E felony.
Section 2 relates to effective date.
JUSTIFICATION: Currently there is no offense for reckless infection of a patient with a communicable disease by a health care provider. This legislation creates a criminal offense for doctors who recklessly infect patients through the re-use of Diseases are easily spread through reused needles, syringes and other sharps. The creation of this offense will force health care providers to be more vigilant of the objects they use, eliminating the possibility of reusing infected sharps.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4816 2013-2014 Regular Sessions IN SENATE 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: Section 1. The penal law is amended by adding a new section 240.67 to read as follows: S 240.67 RECKLESS INFECTION OF A PATIENT WITH A COMMUNICABLE DISEASE BY A HEALTH CARE PROVIDER. A PERSON IS GUILTY OF RECKLESS INFECTION OF A PATIENT WITH A COMMUNI- CABLE DISEASE BY A HEALTH CARE PROVIDER WHEN A HEALTH CARE PROVIDER THROUGH RECKLESS CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE OR OTHER SHARP, INFECTS A PATIENT WITH A COMMUNICABLE DISEASE. FOR THE PURPOSES OF THIS SECTION, "HEALTH CARE PROVIDER" MEANS ANY PERSON WHO IS, OR IS REQUIRED TO BE, LICENSED OR REGISTERED OR HOLDS HIMSELF OR HERSELF OUT TO BE LICENSED OR REGISTERED, OR PROVIDES SERVICES AS IF HE OR SHE WERE LICENSED OR REGISTERED IN THE PROFESSION OF MEDICINE, CHIROPRACTIC, DENTISTRY OR PODIATRY UNDER ANY OF THE FOLLOWING: ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, OR ONE HUNDRED FORTY-ONE OF THE EDUCATION LAW. RECKLESS INFECTION OF A PATIENT WITH A COMMUNICABLE DISEASE BY A HEALTH CARE PROVIDER IS A CLASS E FELONY. 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