Senate Bill S5938

2019-2020 Legislative Session

Relates to conforming and improving the process for determining incapacity

download bill text pdf

Sponsored By

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

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2019-S5938 (ACTIVE) - Details

See Assembly Version of this Bill:
A4525
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2982 - 2984, 2994-c & 2994-cc, Pub Health L; amd §1750-b, SCPA
Versions Introduced in Other Legislative Sessions:
2013-2014: A9671
2015-2016: A2036
2017-2018: A4478
2021-2022: S4966, A2178
2023-2024: S2932, A3616

2019-S5938 (ACTIVE) - Summary

Relates to conforming and improving the process for determining incapacity.

2019-S5938 (ACTIVE) - Sponsor Memo

2019-S5938 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5938
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the surrogate's  court  proce-
   dure  act,  in  relation  to  conforming and improving the process for
   determining incapacity

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  2,  3, 4, 5, 6 and 7 of section 2983 of the
 public health law are renumbered subdivisions 3, 4, 5, 6, 7 and 8.
   § 2. Subdivision 1 of section  2983  of  the  public  health  law,  as
 amended  by  chapter  342  of  the  laws  of 2018, is amended to read as
 follows:
   1. [Determination] INITIAL DETERMINATION  by  attending  physician  or
 attending  nurse  practitioner.  [(a) A] AN INITIAL determination that a
 principal lacks capacity to make health care decisions shall be made  by
 the  attending physician or attending nurse practitioner to a reasonable
 degree of medical certainty. The determination shall be made in  writing
 and  shall contain such attending physician's or attending nurse practi-
 tioner's opinion regarding the cause and nature of the principal's inca-
 pacity as well as its extent and probable  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
 or attending nurse practitioner who makes the determination that a prin-
 cipal  lacks  capacity  to  make health care decisions must consult with
 another physician or nurse practitioner to confirm  such  determination.
 Such  consultation  shall  also be included within the patient's medical
 record.] A PHYSICIAN WHO HAS BEEN APPOINTED AS A PATIENT'S  AGENT  SHALL
 NOT MAKE THE DETERMINATION OF THE PATIENT'S CAPACITY TO MAKE HEALTH CARE
 DECISIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08610-01-9

              

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