What's happening
This bill updates legal language to allow any licensed health care practitioner, not just physicians, osteopaths, or dentists, to submit affirmations in court proceedings.
Why it matters
Expands court access for healthcare providers. By allowing any licensed, certified, or authorized health care practitioner—not just physicians, osteopaths, or dentists—to submit affirmations, the bill enables a wider range of qualified professionals (such as nurse practitioners, physician assistants, psychologists, etc.) to support legal proceedings.
Reflects changes in modern healthcare roles. The amendment recognizes the evolving landscape of healthcare, where many types of practitioners are now primary care providers and often possess direct knowledge relevant to court cases (e.g., personal injury, malpractice, or guardianship).
Could streamline court processes. Courts and litigants may benefit from faster or more efficient proceedings, as it may be easier to obtain necessary statements or evidence from a broader pool of practitioners, potentially reducing delays that occur when only certain professionals are authorized.
May impact legal strategy and evidence standards. The change could affect how legal teams gather and present expert medical or health testimony, possibly altering the weight or types of testimony courts receive and broadening the expertise considered in legal decisions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Health Practitioners Affirm
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 47–12
- Advanced to third reading
- 2nd report cal.
- 1st report cal.140
- Referred to judiciary
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 50–11
Show 6 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.184
- Print number 877a
- Amend and recommit to judiciary
- 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.
Let Health Providers File Affirmations
In Assembly Committee · Codes · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
877--A
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 licensed, certified, or authorized [by] under 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03378-03-9
S. 877--A 2
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.
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 chang- ing reference from physician, osteopath or dentist to health care prac- titioner
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 affir- mation 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 attor- ney'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 physi- cians, 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 2017-2018: S1090
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.