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


Bill Title: Relates to orders not to resuscitate.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-14 - REFERRED TO HEALTH [S05762 Detail]

Download: New_York-2019-S05762-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5762

                               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

        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 Article 29-B of the public health law is REPEALED.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
    23  to a different hospital, the order shall be treated as an order  not  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01154-01-9

        S. 5762                             2

     1  resuscitate  for  a patient transferred from another hospital, and shall
     2  be governed by [article twenty-nine-CC of this chapter, except that  any
     3  such  order for a patient admitted to a mental hygiene facility shall be
     4  governed  by  article twenty-nine-B] section twenty-nine hundred ninety-
     5  four-l of this chapter.
     6    § 5. This act shall take effect on the ninetieth day  after  it  shall
     7  have become a law.
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