S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2316
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to the  establishment
   of  a registry system for medical orders for life-sustaining treatment
   (MOLST)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2994-dd  of  the public health law is amended by
 adding a new subdivision 7 to read as follows:
   7. MEDICAL ORDERS FOR LIFE-SUSTAINING TREATMENT (MOLST) MEANS  MEDICAL
 ORDERS  TO  PROVIDE, WITHHOLD OR WITHDRAW LIFE-SUSTAINING TREATMENT. THE
 MOLST FORM IS THE ALTERNATIVE FORM AUTHORIZED BY THE COMMISSIONER  UNDER
 SUBDIVISION FIVE OF THIS SECTION. THE MOLST FORM AND GUIDANCE AND CHECK-
 LISTS  FOR  USING THE MOLST FORM FOR ANY PATIENT IN ANY SETTING SHALL BE
 POSTED ON THE DEPARTMENT'S WEBSITE.
   § 2. Section 2994-dd of the public health law  is  amended  by  adding
 four new subdivisions 8, 9, 10 and 11 to read as follows:
   8.  ESTABLISHMENT  OF  SYSTEM.  (A) THE DEPARTMENT OR THE DEPARTMENT'S
 DESIGNEE SHALL, IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS  SECTION,
 ESTABLISH AND MAINTAIN AN ELECTRONIC SYSTEM FOR COLLECTING, MAINTAINING,
 AND  TRANSMITTING  MOLST  FORMS AUTHORIZED UNDER SUBDIVISION SIX OF THIS
 SECTION, TO BE KNOWN AS THE NEW YORK STATE EMOLST REGISTRY.
   (B) THE REGISTRY SHALL BE DESIGNED  TO  ACCEPT  PHYSICIAN  ORDER  FORM
 DOH-5003  MOLST  AND THE ELECTRONIC VERSION OF DOH-5003 MOLST ("EMOLST")
 COMPLETED BY A LICENSED PHYSICIAN.
   (C) THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT SUCH PROTOCOLS AS ARE
 REASONABLY  NECESSARY  TO  ENSURE  THAT  INFORMATION   TRANSMITTED   AND
 CONTAINED  IN  THE  REGISTRY  IS MAINTAINED IN A SECURE AND CONFIDENTIAL
 MANNER AND IS ACCESSIBLE ONLY BY USERS DESIGNATED BY THE DEPARTMENT  AND
 AVAILABLE  IN  AN EMERGENCY. SUCH PROTOCOLS SHALL INCLUDE A MECHANISM TO
 MONITOR AND RECORD ACCESS TO THE REGISTRY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00925-01-7

 A. 2316                             2
 
   9. DUTY TO SUBMIT TO REGISTRY. ANY HEALTH CARE PROVIDER WHO  COMPLETES
 AND  SIGNS A MEDICAL ORDER FORM DOH-5003 MOLST OR THE ELECTRONIC VERSION
 OF DOH-5003 MOLST ("EMOLST") SHALL SUBMIT A COPY OF THE COMPLETED  MOLST
 FORM  TO  THE EMOLST REGISTRY WITHIN FOURTEEN DAYS OF COMPLETION OF SUCH
 FORM IN ACCORDANCE WITH PROTOCOLS ESTABLISHED BY THE DEPARTMENT.
   10. OPERATION OF THE REGISTRY ESTABLISHED BY THIS SECTION SHALL NOT BE
 FUNDED,  IN  WHOLE  OR  IN  PART,  BY FEES IMPOSED SPECIFICALLY FOR SUCH
 PURPOSES UPON PRACTITIONERS OR PATIENTS USING MOLST.
   11. THE COMMISSIONER SHALL PROMULGATE SUCH RULES  AND  REGULATIONS  AS
 ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   §  3.  This  act  shall  take  effect  immediately; provided, however,
 section two of this act shall take effect on the  first  of  April  next
 succeeding the date on which it shall have become a law.