S T A T E   O F   N E W   Y O R K
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                                  5094

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. ZEBROWSKI, MOSLEY, LAVINE, GALEF, RIVERA, OTIS,
  ABINANTI, BARCLAY, RAIA, BORELLI -- Multi-Sponsored by  --  M.  of  A.
  ARROYO, COOK, MOYA, ROBINSON, SCHIMEL -- read once and referred 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.
                                                           LBD03198-01-5