STATE OF NEW YORK
________________________________________________________________________
7172
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
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 Article 29-B of the public health law is REPEALED.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 § 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.
LBD01154-01-9
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.