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 Article 29-B of the public health law is REPEALED.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