Bill Text: NY S03248 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 3248 (Prior Session Legislation)

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 2-0)

Status: (Passed) 2019-12-12 - signed chap.623 [S03248 Detail]

Download: New_York-2019-S03248-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          3248
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families
        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.
                                                                   LBD02780-01-9