Assembly Bill A851

2017-2018 Legislative Session

Relates to orders not to resuscitate; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2017-A851 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Rpld Art 29-B, amd §§2994-b, 2994-cc & 2994-ff, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9548
2015-2016: A1023
2019-2020: A7172
2021-2022: A5508
2023-2024: A4332

2017-A851 (ACTIVE) - Summary

Relates to orders not to resuscitate.

2017-A851 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    851
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. GUNTHER, GOTTFRIED, BRONSON -- Multi-Sponsored by
   --  M.  of  A.    LIFTON -- read once and referred 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:
 
   Section 1. Article 29-B of the public health law is REPEALED.
   § 2. Section 2994-b of the public health law is amended  by  adding  a
 new subdivision 1-a to read as follows:
   1-A.  THIS  ARTICLE SHALL ALSO APPLY TO DECISIONS REGARDING ORDERS NOT
 TO RESUSCITATE FOR A PATIENT WHO LACKS  DECISION-MAKING  CAPACITY  IN  A
 HOSPITAL AS DEFINED BY SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   §  3.  Subdivision  5  of section 2994-cc of the public health law, as
 added by chapter 8 of the laws of 2010, is amended to read as follows:
   5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
 hygiene  facility  shall  be  governed  by article twenty-nine-B of this
 chapter] IN A FACILITY OPERATED OR LICENSED  BY  THE  OFFICE  OF  MENTAL
 HEALTH  SHALL  BE  GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS
 INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
 LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
 FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
 SECTION.
   § 4. Section 2994-ff of the public health law, as added by  chapter  8
 of the laws of 2010, is amended to read as follows:
   §  2994-ff. Interinstitutional transfer. If a patient with a nonhospi-
 tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL
 PATIENT WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A  HOSPITAL
 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.

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