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

                                  9448

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the public health law and the vehicle and  traffic  law,
  in  relation  to  establishing  do  not resuscitate orders on drivers'
  licenses and identification cards

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

  Section  1. Subdivision 2 of section 2994-bb of the public health law,
as added by chapter 8 of the  laws  of  2010,  is  amended  to  read  as
follows:
  2.  A  nonhospital  order  not to resuscitate may be issued (A) during
hospitalization to take effect after hospitalization, [or may be issued]
(B) for a person who is not a patient in, or a resident of, a  hospital,
(C) ON AN APPLICATION OR RENEWAL FORM OF A DRIVER'S LICENSE, OR (D) ON A
NON-DRIVER IDENTIFICATION CARD APPLICATION OR RENEWAL FORM.
  S  2.  Section 2994-cc of the public health law is amended by adding a
new subdivision 6 to read as follows:
  6. AN ADULT WITH DECISION-MAKING CAPACITY MAY CONSENT TO A NONHOSPITAL
ORDER NOT TO RESUSCITATE ON AN APPLICATION OR RENEWAL FORM OF A DRIVER'S
LICENSE OR ON A NON-DRIVER IDENTIFICATION CARD  APPLICATION  OR  RENEWAL
FORM. CONSENT SHALL BE GOVERNED BY SECTIONS FOUR HUNDRED NINETY AND FIVE
HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW.
  S  3.  The  opening  paragraph of section 2994-ee of the public health
law, as added by chapter 8 of the laws of 2010, is amended  to  read  as
follows:
  Obligation to honor a nonhospital order not to resuscitate.  Emergency
medical services personnel, home care services agency personnel, hospice
personnel,  or  hospital  emergency  services personnel who are provided
with a nonhospital order not to resuscitate, [or] who identify the stan-
dard bracelet on the patient's body, OR WHO IDENTIFY A NONHOSPITAL ORDER
NOT TO RESUSCITATE ON AN INDIVIDUAL'S  DRIVER'S  LICENSE  OR  NON-DRIVER
IDENTIFICATION CARD shall comply with the terms of such order; provided,
however, that:
  S 4. Section 490 of the vehicle and traffic law is amended by adding a
new subdivision 2-a to read as follows:
  2-A.  ORDER  TO  NOT  RESUSCITATE  DESIGNATION. THE COMMISSIONER SHALL
ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION SO THAT  THE  APPLICANT
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08111-01-5

A. 9448                             2

MAY  CONSENT TO OR DECLINE A NONHOSPITAL ORDER NOT TO RESUSCITATE PURSU-
ANT TO SECTION TWENTY-NINE HUNDRED NINETY-FOUR-CC OF THE  PUBLIC  HEALTH
LAW  AND  THAT  THE  FOLLOWING IS STATED ON THE APPLICATION IN CLEAR AND
CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO CONSENT TO
A  DO-NOT-RESUSCITATE  ORDER  WHICH  DIRECTS  EMERGENCY MEDICAL SERVICES
PERSONNEL, HOME CARE SERVICES AGENCY PERSONNEL,  HOSPICE  PERSONNEL  AND
HOSPITAL  EMERGENCY  SERVICES  PERSONNEL  NOT TO ATTEMPT CARDIOPULMONARY
RESUSCITATION IN THE  EVENT  THAT  YOU  SUFFER  CARDIAC  OR  RESPIRATORY
ARREST? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
  FAILURE TO CHECK A "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE
CONSTRUED  TO IMPLY A WISH TO CONSENT TO AN ORDER NOT TO RESUSCITATE. IN
THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS  OF  AGE,  CHECKING  "YES"
SHALL  NOT  CONSTITUTE  CONSENT TO AN ORDER NOT TO RESUSCITATE. WHERE AN
APPLICANT HAS PREVIOUSLY CONSENTED  TO  AN  ORDER  NOT  TO  RESUSCITATE,
CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT CONSENT.
  S 5. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 1-a to read as follows:
  1-A.  ORDER  TO  NOT  RESUSCITATE  DESIGNATION. THE COMMISSIONER SHALL
ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION SO THAT  THE  APPLICANT
MAY  CONSENT TO OR DECLINE A NONHOSPITAL ORDER NOT TO RESUSCITATE PURSU-
ANT TO SECTION TWENTY-NINE HUNDRED NINETY-FOUR-CC OF THE  PUBLIC  HEALTH
LAW  AND  THAT  THE  FOLLOWING IS STATED ON THE APPLICATION IN CLEAR AND
CONSPICUOUS TYPE:
  "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO CONSENT TO
A DO-NOT-RESUSCITATE ORDER  WHICH  DIRECTS  EMERGENCY  MEDICAL  SERVICES
PERSONNEL,  HOME  CARE  SERVICES AGENCY PERSONNEL, HOSPICE PERSONNEL AND
HOSPITAL EMERGENCY SERVICES PERSONNEL  NOT  TO  ATTEMPT  CARDIOPULMONARY
RESUSCITATION  IN  THE  EVENT  THAT  YOU  SUFFER  CARDIAC OR RESPIRATORY
ARREST? CHECK BOX FOR 'YES' OR 'SKIP THE QUESTION'."
  FAILURE TO CHECK A "YES" OR CHECKING "SKIP THE QUESTION" SHALL NOT  BE
CONSTRUED  TO IMPLY A WISH TO CONSENT TO AN ORDER NOT TO RESUSCITATE. IN
THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS  OF  AGE,  CHECKING  "YES"
SHALL  NOT  CONSTITUTE  CONSENT TO AN ORDER NOT TO RESUSCITATE. WHERE AN
APPLICANT HAS PREVIOUSLY CONSENTED  TO  AN  ORDER  NOT  TO  RESUSCITATE,
CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT CONSENT.
  S  6.  Subdivision  1 of section 504 of the vehicle and traffic law is
amended by adding a new paragraph (a-2) to read as follows:
  (A-2) EVERY LICENSE OR RENEWAL THEREOF SHALL CONTAIN A  DISTINGUISHING
MARK AND ADEQUATE SPACE UPON WHICH CONSENT TO A NONHOSPITAL ORDER NOT TO
RESUSCITATE  PURSUANT  TO  SECTION TWENTY-NINE HUNDRED NINETY-FOUR-CC OF
THE PUBLIC HEALTH LAW, BY THE  LICENSEE  SHALL  BE  RECORDED  AND  SHALL
CONTAIN  SUCH  OTHER INFORMATION AND SHALL BE ISSUED IN SUCH FORM AS THE
COMMISSIONER  SHALL  DETERMINE;  PROVIDED,  HOWEVER,  EVERY  LICENSE  OR
RENEWAL THEREOF ISSUED TO A PERSON CONSENTING TO A NONHOSPITAL ORDER NOT
TO  RESUSCITATE  SHALL  HAVE  PROMINENTLY PRINTED UPON THE FRONT OF SUCH
LICENSE OR RENEWAL THEREOF THE STATEMENT "D.N.R." IN NOTABLY DISTINCTIVE
PRINT OR FORMAT.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have  become a law; provided that the commissioner of motor vehicles may
implement sections four, five, and six of this act before that date.