Bill Text: NY S04792 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to orders not to resuscitate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-04 - RECOMMIT, ENACTING CLAUSE STRICKEN [S04792 Detail]
Download: New_York-2015-S04792-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4792 2015-2016 Regular Sessions I N S E N A T E April 17, 2015 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to orders not to resuscitate; and to repeal article 29-B of the public health law relating to orders not to resuscitate for residents of mental hygiene facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Article 29-B of the public health law is REPEALED. 2 S 2. Section 2994-b of the public health law is amended by adding a 3 new subdivision 1-a to read as follows: 4 1-A. THIS ARTICLE SHALL ALSO APPLY TO DECISIONS REGARDING ORDERS NOT 5 TO RESUSCITATE FOR A PATIENT WHO LACKS DECISION-MAKING CAPACITY IN A 6 HOSPITAL AS DEFINED BY SECTION 1.03 OF THE MENTAL HYGIENE LAW. 7 S 3. Subdivision 5 of section 2994-cc of the public health law, as 8 added by chapter 8 of the laws of 2010, is amended to read as follows: 9 5. Consent by a patient or a surrogate for a patient [in a mental 10 hygiene facility shall be governed by article twenty-nine-B of this 11 chapter] IN A FACILITY OPERATED OR LICENSED BY THE OFFICE OF MENTAL 12 HEALTH SHALL BE GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS 13 INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR 14 LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED 15 FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT 16 SECTION. 17 S 4. Section 2994-ff of the public health law, as added by chapter 8 18 of the laws of 2010, is amended to read as follows: 19 S 2994-ff. Interinstitutional transfer. If a patient with a nonhospi- 20 tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL 21 PATIENT WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A HOSPITAL 22 TO A DIFFERENT HOSPITAL, the order shall be treated as an order not to 23 resuscitate for a patient transferred from another hospital, and shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02198-01-5 S. 4792 2 1 be governed by [article twenty-nine-CC of this chapter, except that any 2 such order for a patient admitted to a mental hygiene facility shall be 3 governed by article twenty-nine-B] SECTION TWENTY-NINE HUNDRED 4 NINETY-FOUR-L of this chapter. 5 S 5. This act shall take effect on the ninetieth day after it shall 6 have become a law.