Bill Text: NY S04792 | 2015-2016 | General Assembly | Introduced

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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

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                           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 Article 29-B of the public health law is REPEALED.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.