Bill Text: NY S05762 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to orders not to resuscitate.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S05762 Detail]

Download: New_York-2019-S05762-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5762--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 14, 2019
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        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 Article 29-B of the public health law is REPEALED.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.  Subdivision 5 of section 2994-cc of the public  health  law,  as
    19  amended  by  chapter  708  of  the  laws  of 2019, is amended to read as
    20  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01154-03-0
        S. 5762--A                          2

     1    5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
     2  hygiene  facility  shall  be  governed  by article twenty-nine-B of this
     3  chapter] in a facility operated or licensed  by  the  office  of  mental
     4  health  shall  be  governed by this article. Consent by a patient who is
     5  intellectually or otherwise developmentally disabled and is eligible for
     6  life-sustaining treatment decision pursuant to section seventeen hundred
     7  fifty-b of the surrogate's court procedure act shall be governed by that
     8  section.
     9    §  5.  Section 2994-ff of the public health law, as added by chapter 8
    10  of the laws of 2010, is amended to read as follows:
    11    § 2994-ff. Interinstitutional transfer. If a patient with a  nonhospi-
    12  tal order not to resuscitate is admitted to a hospital, or if a hospital
    13  patient  with an order not to resuscitate is transferred from a hospital
    14  to a different hospital, the order shall be treated as an order  not  to
    15  resuscitate  for  a patient transferred from another hospital, and shall
    16  be governed by [article twenty-nine-CC of this chapter, except that  any
    17  such  order for a patient admitted to a mental hygiene facility shall be
    18  governed by article twenty-nine-B] section twenty-nine  hundred  ninety-
    19  four-l of this chapter.
    20    §  6.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law; provided, however, that if chapter 708 of the laws of
    22  2019 shall not have taken effect on or before  such  date  then  section
    23  four  of  this  act  shall  take effect on the same date and in the same
    24  manner as such chapter of the laws of 2019 takes effect.