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S1090Senate2017-2018 SessionSame asA2540

Let Health Workers Affirm Statements

Official title

“Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit”

Sponsor Gustavo RiveraSD-33+1 co-sponsorAffects Legal
Status
In Senate Committee
Judiciary
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill updates legal language to replace "physician, osteopath or dentist" with "health care practitioner" in affidavits.

Why it matters

  1. Expands eligibility for who can submit affirmations. By changing the language from “physician, osteopath or dentist” to “health care practitioner,” the bill allows a wider range of licensed medical professionals (such as nurse practitioners, physician assistants, and others authorized under Title Eight of the Education Law) to provide affirmations in legal proceedings, making the process more inclusive and flexible.

  2. Reflects modern health care roles and team-based care. The amendment acknowledges that patient care and expertise are no longer limited to doctors and dentists, but involve a broader array of licensed health professionals, aligning legal practice with how health care actually functions today.

  3. May improve access and efficiency in legal processes. By enabling more types of practitioners to affirm statements, the bill could reduce delays or barriers in legal proceedings that require such supporting documentation, especially in areas with shortages of certain specialists.

  4. Promotes gender-neutral and up-to-date legal language. The bill also updates phrasing for inclusivity (adding “or her”), ensuring that legal statutes better reflect current standards of gender-neutral and precise legislative drafting.

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Who cares

Headline styles

Let Health Workers Affirm Statements

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

Sponsors

Primary sponsor
Gustavo Rivera

Senator · Senate District 33

1 Co-sponsor

History

  1. Referred to judiciary
  2. Referred to judiciary

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.

A2540Assembly

Let Health Workers Affirm

In Assembly Committee · Rules · Sponsor Richard Gottfried

Impact 3 · Low0% to pass

Full text

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

STATE OF NEW YORK

1090

2017-2018 Regular Sessions

IN SENATE

January 6, 2017

Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to changing reference from physician, osteopath or dentist to health care practitioner

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Rule 2106 of the civil practice law and rules, as amended by chapter 380 of the laws of 2014, is amended to read as follows:

Rule 2106. Affirmation of truth of statement. (a) The statement of an attorney admitted to practice in the courts of the state, or of a [physician, osteopath or dentist] health care practitioner, authorized by title eight of the education law to practice in the state, who is not a party to an action, when subscribed and affirmed by him or her to be true under the penalties of perjury, may be served or filed in the action in lieu of and with the same force and effect as an affidavit.

(b) The statement of any person, when that person is physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in an action in lieu of and with the same force and effect as an affidavit. Such affirmation shall be in substantially the following form:

I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.

(Signature)

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD01015-01-7

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

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules, in relation to changing reference from physician, osteopath or dentist to health care practitioner

Summary of specific provisions

Amends rule 2106 section 1 of the civil practice law and rules. Would extend to all licensed health care practitioners to the right of affirmation of affidavits.

Justification

CPLR 2106 was intended to ease the burdens of attorneys who, as a prerequisite to the submission of their own sworn written statement in an action, were required under prior law to find a notary public to administer an oath. The drafters of the CPLR determined that the attorney's professional obligations and the possibility of prosecution for making a false statement provided sufficient safeguards to dispense with the need for an appearance by the attorney before a notary public. Thus, the, attorney is authorized by CPLR 2106 to simply sign his or her own statement and affirm its truth subject to the penalties of perjury. Such affirmation has the same effect as an affidavit sworn to before a notary public.

Similar considerations of convenience led to an amendment of the statute in 1973 to extend the same right of affirmation to physicians, osteopaths and dentists, whose affidavits are also frequently required in civil litigation. It is appropriate that this right be extended to other practitioners.

Prior legislative history

2013-2014: S6444 2015-2016: S719

Fiscal implications

None.

Effective date

Immediately.

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