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").
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6065
SPONSOR: Dinowitz 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:
Section one of the bill amends rule 2106 of the civil practice law and
rules to extend to all licensed health care practitioners to the right
of affirmation of affidavits.
Section two of the bill provides the effective date.
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 physicians, osteo-
paths and dentists, whose affidavits are also frequently required in
civil litigation. It is appropriate that this right be extended to other
licensed health care practitioners.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A.197 - ordered to third reading/passed Senate
2019-2020: A.784-A - reported to Codes Committee
2017-2018: A.2540 - referred to Judiciary Committee
2015-2016: A.447 - reported to Codes Committee
2013-2014: A.5142 - advanced to 3rd reading
2011-2012: A.2061 - passed Assembly
2009-2010: A.1725 - passed Assembly
2007-2008: A.6338 - passed Assembly
2005-2006: A.5498 - passed Assembly
2003-2004: A.5589 - passed Assembly
2001-2002: A.9004 - passed Assembly
1999-2000: A.6945 - reported to Rules Committee
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
6065
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes
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.
LBD07030-01-3
A. 6065 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.
