Bill Text: NY S02653 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes do not resuscitate orders on drivers' licenses and identification cards.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S02653 Detail]
Download: New_York-2019-S02653-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2653 2019-2020 Regular Sessions IN SENATE January 28, 2019 ___________ Introduced by Sen. JORDAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the vehicle and traffic law, in relation to establishing do not resuscitate orders on drivers' licenses and identification cards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 2994-bb of the public health law, 2 as added by chapter 8 of the laws of 2010, is amended to read as 3 follows: 4 2. A nonhospital order not to resuscitate may be issued (a) during 5 hospitalization to take effect after hospitalization, [or may be issued] 6 (b) for a person who is not a patient in, or a resident of, a hospital, 7 (c) on an application or renewal form of a driver's license, or (d) on a 8 non-driver identification card application or renewal form. 9 § 2. Section 2994-cc of the public health law is amended by adding a 10 new subdivision 6 to read as follows: 11 6. An adult with decision-making capacity may consent to a nonhospital 12 order not to resuscitate on an application or renewal form of a driver's 13 license or on a non-driver identification card application or renewal 14 form. Consent shall be governed by sections four hundred ninety and five 15 hundred two of the vehicle and traffic law. 16 § 3. The opening paragraph of section 2994-ee of the public health 17 law, as added by chapter 8 of the laws of 2010, is amended to read as 18 follows: 19 Obligation to honor a nonhospital order not to resuscitate. Emergency 20 medical services personnel, home care services agency personnel, hospice 21 personnel, or hospital emergency services personnel who are provided 22 with a nonhospital order not to resuscitate, [or] who identify the stan- 23 dard bracelet on the patient's body, or who identify a nonhospital order 24 not to resuscitate on an individual's driver's license or non-driver EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01204-01-9S. 2653 2 1 identification card shall comply with the terms of such order; provided, 2 however, that: 3 § 4. Section 490 of the vehicle and traffic law is amended by adding a 4 new subdivision 2-a to read as follows: 5 2-a. Order to not resuscitate designation. The commissioner shall 6 ensure that space is provided on the application so that the applicant 7 may consent to or decline a nonhospital order not to resuscitate pursu- 8 ant to section twenty-nine hundred ninety-four-cc of the public health 9 law and that the following is stated on the application in clear and 10 conspicuous type: 11 "You must fill out the following section: Would you like to consent to 12 a do-not-resuscitate order which directs emergency medical services 13 personnel, home care services agency personnel, hospice personnel and 14 hospital emergency services personnel not to attempt cardiopulmonary 15 resuscitation in the event that you suffer cardiac or respiratory 16 arrest? Check box for 'yes' or 'skip this question'." 17 Failure to check a "yes" or checking "skip this question" shall not be 18 construed to imply a wish to consent to an order not to resuscitate. In 19 the case of an applicant under eighteen years of age, checking "yes" 20 shall not constitute consent to an order not to resuscitate. Where an 21 applicant has previously consented to an order not to resuscitate, 22 checking "skip this question" or failing to check a box shall not impair 23 that consent. 24 § 5. Section 502 of the vehicle and traffic law is amended by adding a 25 new subdivision 1-a to read as follows: 26 1-a. Order to not resuscitate designation. The commissioner shall 27 ensure that space is provided on the application so that the applicant 28 may consent to or decline a nonhospital order not to resuscitate pursu- 29 ant to section twenty-nine hundred ninety-four-cc of the public health 30 law and that the following is stated on the application in clear and 31 conspicuous type: 32 "You must fill out the following section: Would you like to consent to 33 a do-not-resuscitate order which directs emergency medical services 34 personnel, home care services agency personnel, hospice personnel and 35 hospital emergency services personnel not to attempt cardiopulmonary 36 resuscitation in the event that you suffer cardiac or respiratory 37 arrest? Check box for 'yes' or 'skip the question'." 38 Failure to check a "yes" or checking "skip the question" shall not be 39 construed to imply a wish to consent to an order not to resuscitate. In 40 the case of an applicant under eighteen years of age, checking "yes" 41 shall not constitute consent to an order not to resuscitate. Where an 42 applicant has previously consented to an order not to resuscitate, 43 checking "skip this question" or failing to check a box shall not impair 44 that consent. 45 § 6. Subdivision 1 of section 504 of the vehicle and traffic law is 46 amended by adding a new paragraph (a-2) to read as follows: 47 (a-2) Every license or renewal thereof shall contain a distinguishing 48 mark and adequate space upon which consent to a nonhospital order not to 49 resuscitate pursuant to section twenty-nine hundred ninety-four-cc of 50 the public health law, by the licensee shall be recorded and shall 51 contain such other information and shall be issued in such form as the 52 commissioner shall determine; provided, however, every license or 53 renewal thereof issued to a person consenting to a nonhospital order not 54 to resuscitate shall have prominently printed upon the front of such 55 license or renewal thereof the statement "D.N.R." in notably distinctive 56 print or format.S. 2653 3 1 § 7. This act shall take effect on the ninetieth day after it shall 2 have become a law; provided that the commissioner of motor vehicles may 3 implement sections four, five, and six of this act before that date.
