Bill Text: NY A07172 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to orders not to resuscitate.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2019-06-20 - REFERRED TO RULES [A07172 Detail]

Download: New_York-2019-A07172-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 10, 2019
        Introduced by M. of A. GUNTHER, GOTTFRIED, BRONSON -- Multi-Sponsored by
          --  M.  of  A.    LIFTON -- read once and referred to the Committee on
        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
          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 Article 29-B of the public health law is REPEALED.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    § 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    §  3.  Subdivision  5  of section 2994-cc of the public health law, as
     8  amended by chapter 430 of the laws  of  2017,  is  amended  to  read  as
     9  follows:
    10    5.  Consent  by  a  patient  or a surrogate for a patient [in a mental
    11  hygiene facility shall be governed  by  article  twenty-nine-B  of  this
    12  chapter]  in  a  facility  operated  or licensed by the office of mental
    13  health shall be governed by this article. Consent by a  patient  who  is
    14  intellectually or otherwise developmentally disabled and is eligible for
    15  life-sustaining treatment decision pursuant to section seventeen hundred
    16  fifty-b of the surrogate's court procedure act shall be governed by that
    17  section.
    18    §  4.  Section 2994-ff of the public health law, as added by chapter 8
    19  of the laws of 2010, is amended to read as follows:
    20    § 2994-ff. Interinstitutional transfer. If a patient with a  nonhospi-
    21  tal order not to resuscitate is admitted to a hospital, or if a hospital
    22  patient  with an order not to resuscitate is transferred from a hospital
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7172                             2
     1  to a different hospital, the order shall be treated as an order  not  to
     2  resuscitate  for  a patient transferred from another hospital, and shall
     3  be governed by [article twenty-nine-CC of this chapter, except that  any
     4  such  order for a patient admitted to a mental hygiene facility shall be
     5  governed by article twenty-nine-B] section twenty-nine  hundred  ninety-
     6  four-l of this chapter.
     7    §  5.  This  act shall take effect on the ninetieth day after it shall
     8  have become a law.