Bill Text: NY A01239 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to allowing a person having a lawful order of custody of a child to make medical decisions for such child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-03-18 - RETURNED TO ASSEMBLY [A01239 Detail]

Download: New_York-2019-A01239-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
        Introduced by M. of A. JAFFEE -- read once and referred to the Committee
          on Judiciary
        AN  ACT  to  amend  the  family  court act and the public health law, in
          relation to allowing a person having a lawful order of  custody  of  a
          child to make medical decisions for such child
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (c) of section 657 of the family court act,  as
     2  added  by  section  5  of  part  F of chapter 58 of the laws of 2010, is
     3  amended to read as follows:
     4    (c) Notwithstanding any  other  provision  of  law  to  the  contrary,
     5  persons  possessing a lawful order of guardianship or custody of a child
     6  shall have the right and responsibility  to  make  decisions,  including
     7  issuing any necessary consents, regarding the child's protection, educa-
     8  tion,  care  and  control,  health  and  medical needs, and the physical
     9  custody of the person of the child. Provided, however, that  nothing  in
    10  this  subdivision  shall be construed to limit the ability of a child to
    11  consent to his or her own medical care as may be otherwise  provided  by
    12  law.
    13    §  2. Subdivision 4 of section 2504 of the public health law, as added
    14  by chapter 769 of the laws of 1972 and as renumbered by chapter  976  of
    15  the laws of 1984, is amended to read as follows:
    16    4.  Medical,  dental,  health and hospital services may be rendered to
    17  persons of any age without the consent of a parent [or], legal  guardian
    18  or  person possessing a lawful order of custody when, in the physician's
    19  judgment an emergency exists and the person  is  in  immediate  need  of
    20  medical attention and an attempt to secure consent would result in delay
    21  of  treatment  which  would  increase  the  risk to the person's life or
    22  health.
    23    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.