STATE OF NEW YORK
________________________________________________________________________
1535
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. ZEBROWSKI, LAVINE, MOSLEY, RIVERA, OTIS, ABINAN-
TI, RAIA, BORELLI, MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO,
BRAUNSTEIN, COOK, MOYA, ROBINSON, SALADINO, SCHIMEL -- read once and
referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to length-
ening the period of time for the filing of medical malpractice cases
based upon allegations of reckless use of a syringe, needle or other
sharp
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 214-a of the civil practice law and rules, as
2 amended by chapter 485 of the laws of 1986, is amended to read as
3 follows:
4 § 214-a. Action for medical, dental or podiatric malpractice to be
5 commenced within two years and six months; exceptions. 1. An action for
6 medical, dental or podiatric malpractice must be commenced within two
7 years and six months of the act, omission or failure complained of or
8 last treatment where there is continuous treatment for the same illness,
9 injury or condition which gave rise to the said act, omission or fail-
10 ure; provided, however, that:
11 (a) where the action is based upon the discovery of a foreign object
12 in the body of the patient, the action may be commenced within one year
13 of the date of such discovery or of the date of discovery of facts which
14 would reasonably lead to such discovery, whichever is earlier; and
15 (b) where the action is based upon the infection of the patient with a
16 communicable disease through the reckless conduct of a health care
17 provider including, but not limited to, the reuse of a syringe, needle
18 or other sharp, the action shall be commenced within two years and six
19 months of the date upon which a patient: (i) is informed by the depart-
20 ment of health that he or she may have been exposed to a communicable
21 disease by the reckless conduct of a health care provider; or (ii)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00414-01-5
A. 1535 2
1 otherwise becomes aware of such facts as would lead a reasonable person
2 to believe that he or she had been so exposed.
3 2. For the purpose of this section the term "continuous treatment"
4 shall not include examinations undertaken at the request of the patient
5 for the sole purpose of ascertaining the state of the patient's condi-
6 tion. For the purpose of this section the term "foreign object" shall
7 not include a chemical compound, fixation device or prosthetic aid or
8 device.
9 § 2. This act shall take effect immediately.
