Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 16, 2014 |
print number 7151a |
Jun 16, 2014 |
amend and recommit to health |
May 01, 2014 |
referred to health |
Senate Bill S7151A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-S7151 - Details
- See Assembly Version of this Bill:
- A9647
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd Pub Health L, generally
- Versions Introduced in 2015-2016 Legislative Session:
-
S4791, A6936
2013-S7151 - Sponsor Memo
BILL NUMBER:S7151 TITLE OF BILL: An act to amend the public health law, in relation to making technical, minor and coordinating amendments regarding health care agents and proxies, decisions under the family health care decisions act, and non-hospital orders not to resuscitate PURPOSE OF GENERAL IDEA OF BILL: This is one of a series of seven bills, informally referred to as the "Surrogate Decision-Making Improvement Acts." The bills make technical/minor and coordinating amendments and other improvements to the laws that govern health care decisions, including life-sustaining treatment decisions, for patients who lack decision-making capacity. The SDMIAs address these topics: *SDMIA 1 Technical, Minor and Coordinating Amendments *SDMIA 2 Repeals PHL Art. 29-B Orders Not to Resuscitate for Patients in Mental Hygiene Facilities *SDMIA 3 Determining Patient Incapacity *SDMIA 4 Decisions by a Health Care Agent About Artificial Nutrition and Hydration
2013-S7151 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7151 I N S E N A T E May 1, 2014 ___________ Introduced by Sen. HANNON -- 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 making technical, minor and coordinating amendments regarding health care agents and proxies, decisions under the family health care decisions act, and non-hospital orders not to resuscitate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4 and 10 of section 2980 of the public health law, subdivision 4 as added by chapter 752 of the laws of 1990, subdivi- sion 10 as amended by chapter 23 of the laws of 1994, are amended and a new subdivision 8-a is added to read as follows: 4. "Health care" means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. PROVIDING NUTRI- TION OR HYDRATION ORALLY, WITHOUT RELIANCE ON MEDICAL TREATMENT, IS NOT HEALTH CARE UNDER THIS ARTICLE AND IS NOT SUBJECT TO THIS ARTICLE. 8-A. "HEALTH OR SOCIAL SERVICES PRACTITIONER" MEANS A REGISTERED PROFESSIONAL NURSE, NURSE PRACTITIONER, PHYSICIAN, PHYSICIAN ASSISTANT, PSYCHOLOGIST, LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL WORKER, LICENSED OR CERTIFIED PURSUANT TO THE EDUCATION LAW ACTING WITH- IN HIS OR HER SCOPE OF PRACTICE. 10. "Mental hygiene facility" means a residential facility, excluding family care homes, operated or licensed by the office of mental health or the office [of mental retardation and] FOR PEOPLE WITH developmental disabilities. S 2. Paragraph (b) of subdivision 1 of section 2981 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows: (b) For the purposes of this section, every adult shall be presumed competent to appoint a health care agent unless such person has been adjudged incompetent or otherwise adjudged not competent to appoint a health care agent, or unless a [committee or] guardian of the person has been appointed for the adult pursuant to article [seventy-eight] EIGHT- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13618-01-4
2013-S7151A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9647
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd Pub Health L, generally
- Versions Introduced in 2015-2016 Legislative Session:
-
S4791, A6936
2013-S7151A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7151A TITLE OF BILL: An act to amend the public health law, in relation to making technical, minor and coordinating amendments regarding health care agents and proxies, decisions under the family health care deci- sions act, and non-hospital orders not to resuscitate PURPOSE OF GENERAL IDEA OF BILL: This is one of a series of seven bills, informally referred to as the "Surrogate Decision-Making Improvement Acts." The bills make technical/minor, clarifying and coordinating amendments and other improvements to the Family Health Care Decisions Act (FHCDA) (Ch. 8, Laws of 2010) and other laws that govern health care decisions, including life-sustaining treatment decisions, for patients who lack decision-making capacity. This bill makes technical changes to the FHCDA and other laws. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends PHL § 2980, subdivs. 4 and 10: to clarify that the provision of nutrition and hydration orally, without reliance on medical treatment, is not "health care" within the meaning of the article, as stated in the Family Health Care Decisions Act (FHCDA); and to substi- tute the name, "office for people with developmental disabilities" (hereinafter OPWDD) for the former name, office of mental retardation and developmental disabilities" (hereinafter, OMRDD).
2013-S7151A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7151--A I N S E N A T E May 1, 2014 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to making technical, minor and coordinating amendments regarding health care agents and proxies, decisions under the family health care decisions act, and non-hospital orders not to resuscitate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4 and 10 of section 2980 of the public health law, subdivision 4 as added by chapter 752 of the laws of 1990, subdivi- sion 10 as amended by chapter 23 of the laws of 1994, are amended to read as follows: 4. "Health care" means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. PROVIDING NUTRI- TION OR HYDRATION ORALLY, WITHOUT RELIANCE ON MEDICAL TREATMENT, IS NOT HEALTH CARE UNDER THIS ARTICLE AND IS NOT SUBJECT TO THIS ARTICLE. 10. "Mental hygiene facility" means a residential facility, excluding family care homes, operated or licensed by the office of mental health or the office [of mental retardation and] FOR PEOPLE WITH developmental disabilities. S 2. Paragraph (b) of subdivision 1 of section 2981 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows: (b) For the purposes of this section, every adult shall be presumed competent to appoint a health care agent unless such person has been adjudged incompetent or otherwise adjudged not competent to appoint a health care agent, or unless a [committee or] guardian of the person has been appointed for the adult pursuant to article [seventy-eight] EIGHT- Y-ONE of the mental hygiene law or article seventeen-A of the surro- gate's court procedure act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13618-04-4
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