Bill Text: NY S03049 | 2021-2022 | General Assembly | Introduced

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Bill 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 (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2022-06-02 - ordered to third reading rules cal.596 [S03049 Detail]

Download: New_York-2021-S03049-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3049

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced by Sens. RIVERA, HOYLMAN, SEPULVEDA -- read twice and ordered
          printed,  and when printed to be committed to the Committee on Judici-
          ary

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

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

     1    Section  1.  Rule 2106 of the civil practice law and rules, as amended
     2  by chapter 380 of the laws of 2014, is amended to read as follows:
     3    Rule 2106. Affirmation of truth of statement. (a) The statement of  an
     4  attorney  admitted  to  practice  in  the  courts  of the state, or of a
     5  [physician, osteopath or dentist]  health  care  practitioner  licensed,
     6  certified,  or authorized [by] under title eight of the education law to
     7  practice in the state, who is not a party to an action, when  subscribed
     8  and  affirmed  by  him or her to be true under the penalties of perjury,
     9  may be served or filed in the action in lieu of and with the same  force
    10  and effect as an affidavit.
    11    (b)  The  statement  of  any  person,  when  that person is physically
    12  located outside the geographic boundaries of the United  States,  Puerto
    13  Rico,  the  United  States  Virgin  Islands, or any territory or insular
    14  possession subject to the jurisdiction of the United States,  subscribed
    15  and  affirmed  by that person to be true under the penalties of perjury,
    16  may be used in an action in lieu of and with the same force  and  effect
    17  as  an affidavit. Such affirmation shall be in substantially the follow-
    18  ing form:
    19    I affirm this ___ day of ______, ____, under the penalties of  perjury
    20  under  the  laws  of New York, which may include a fine or imprisonment,
    21  that I am physically located outside the geographic  boundaries  of  the
    22  United  States,  Puerto  Rico,  the United States Virgin Islands, or any
    23  territory or insular possession  subject  to  the  jurisdiction  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00030-01-1
        S. 3049                             2

     1  United  States,  that  the foregoing is true, and I understand that this
     2  document may be filed in an action or proceeding in a court of law.
     3    (Signature)
     4    § 2. This act shall take effect immediately.