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S1054Senate2017-2018 SessionSame asA1619

Criminalize Reckless Disease Infection

Official title

“Creates the offense of reckless infection of a patient with a communicable disease by a health care provider”

Sponsor David CarlucciSD-38Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill makes it a class E felony for health care providers to recklessly infect patients with communicable diseases.

Why it matters

  1. Creates criminal liability for "reckless" behavior. This bill targets not just intentional but reckless actions—such as reusing needles or other sharps—that could infect patients, raising the legal stakes for lapses in standard medical protocols.

  2. Applies to a wide range of health care professionals. The law covers anyone licensed or acting as if licensed in medicine, chiropractic, dentistry, or podiatry, broadening accountability across multiple health professions.

  3. Potential to impact malpractice and regulatory oversight. Felony charges could be brought in addition to (or instead of) civil malpractice actions, possibly changing how health care providers and institutions approach infection control and risk management.

  4. Signals a legislative focus on patient safety. By criminalizing certain unsafe practices, the bill underscores the state's commitment to protecting patients from preventable harm and may influence training, supervision, and compliance standards in health care settings.

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Who cares

  • Physicians, chiropractors, dentists and podiatrists

    The bill would make recklessly infecting a patient with a communicable disease a class E felony, including when infection results from reusing a syringe, needle or other sharp.

  • Patients receiving care in these professions

    The bill would create a criminal offense for providers whose reckless conduct infects them with a communicable disease.

  • Unlicensed practitioners

    The offense would also cover people required to be licensed or registered in these professions, those claiming those credentials and those providing services as if credentialed.

Headline styles

Criminalize Reckless Disease Infection

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Consumer Protection

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1619Assembly

Punish Reckless Patient Infection

In Assembly Committee · Codes · Sponsor Kenneth Zebrowski

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1054

2017-2018 Regular Sessions

IN SENATE

January 6, 2017

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 Assembly, do enact as follows:

Section 1. The penal law is amended by adding a new section 240.67 to read as follows: § 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 communicable 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.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01819-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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. 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. 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

2015-16: S1419/A5094 - Codes/Codes 2013-14: S4816/A1883 - Codes Committee/Codes Committee

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.