What's happening
This bill makes it a class E felony for health care providers to recklessly infect patients with communicable diseases, such as by reusing syringes.
Why it matters
Targets reckless, not just intentional, conduct by medical professionals. This law would criminalize cases where health care providers act with disregard for patient safety (such as by reusing needles), even if they did not intentionally try to harm anyone, potentially increasing accountability for negligent practices.
Covers a wide range of health care providers. The definition includes doctors, dentists, chiropractors, and podiatrists—meaning a broad spectrum of licensed (or unlicensed but acting as such) practitioners could face felony charges if found to have recklessly caused an infection.
Creates a new criminal penalty (class E felony) for health care–caused infections. By elevating reckless infection to a felony, the bill significantly raises the legal stakes for unsafe medical practices, which could serve as a deterrent and reinforce public trust in medical care.
Responds to public health and patient safety concerns. The bill is likely motivated by past incidents where lapses in medical protocol led to outbreaks of diseases like hepatitis or HIV, aiming to prevent such scenarios through stronger legal consequences.
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Who cares
Headline styles
Punish Reckless Disease Transmission
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1889
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. ZEBROWSKI, MOSLEY, GALEF, RIVERA, OTIS, ABINANTI, BARCLAY, RAIA -- Multi-Sponsored by -- M. of A. ARROYO, COOK -- 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 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.
LBD06152-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.