Assembly Bill A8389

Vetoed By Governor
2011-2012 Legislative Session

Relates to the authority of an agent to act outside a hospital setting to make certain decisions regarding the transport of the principal

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Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2011-A8389 (ACTIVE) - Details

See Senate Version of this Bill:
S5014
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2981 & 2983, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
S2908

2011-A8389 (ACTIVE) - Summary

Relates to the authority of an agent to act outside a hospital setting to make certain decisions regarding the transport of the principal to a particular medical setting when such principal is unconscious or unresponsive.

2011-A8389 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8389

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2011
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Health

AN  ACT  to amend the public health law, in relation to the authority of
  an agent to act outside a hospital setting to make  certain  decisions
  regarding  the  transport  of  the  principal  to a particular medical
  setting when such principal is unconscious or unresponsive

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 4 of section 2981 of the public health law, as
added by chapter 752 of the laws of 1990, is amended to read as follows:
  4. Commencement of agent's  authority.  The  agent's  authority  shall
commence  upon  a  determination,  made  pursuant  to subdivision one of
section two thousand nine hundred eighty-three of this article, that the
principal lacks capacity to make health care decisions OR IF THE PRINCI-
PAL IS NOT FOUND WITHIN A HOSPITAL, MENTAL HYGIENE FACILITY OR  RESIDEN-
TIAL  HEALTH  CARE  FACILITY  AND  IS  IN AN UNCONSCIOUS OR UNRESPONSIVE
STATE.
  S 2.  Paragraph (a) of subdivision 1 of section  2983  of  the  public
health  law,  as added by chapter 752 of the laws of 1990, is amended to
read as follows:
  (a) A determination that a principal lacks  capacity  to  make  health
care  decisions shall be made by the attending physician to a reasonable
degree of medical certainty. The determination shall be made in  writing
and shall contain such attending physician's opinion regarding the cause
and nature of the principal's incapacity as well as its extent and prob-
able  duration.  The  determination  shall  be included in the patient's
medical record. For a decision to withdraw or  withhold  life-sustaining
treatment,  the  attending  physician who makes the determination that a
principal lacks capacity to make health care decisions must consult with
another physician to confirm such determination. Such consultation shall
also be included within the patient's medical record.  NO  DETERMINATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11239-03-1

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