Penal Law § 265.26

Burn injury and wounds to be reported  ·  as in force on May 31, 2026

§ 265.26 Burn injury and wounds to be reported.

Every case of a burn injury or wound, where the victim sustained second or third degree burns to five percent or more of the body and/or any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air, and every case of a burn injury or wound which is likely to or may result in death, shall be reported at once to the office of fire prevention and control. The state fire administrator shall accept the report and notify the proper investigatory agency. A written report shall also be provided to the office of fire prevention and control within seventy-two hours. The report shall be made by (a) the physician attending or treating the case; or (b) the manager, superintendent or other person in charge, whenever such case is treated in a hospital, sanitarium, institution or other medical facility.

The intentional failure to make such report is a class A misdemeanor.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/265.26

In plain English

A treating physician, or the person in charge of the medical facility, must report at once to the Office of Fire Prevention and Control any second- or third-degree burns covering 5% or more of the body, upper-airway burns or laryngeal swelling from superheated air, or a burn injury likely to cause death, then provide a written report within 72 hours. ★ Intentional failure to report is a class A misdemeanor.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.