Senate Bill S5940

2019-2020 Legislative Session

Relates to health care agents and proxies, decisions under the family health care decisions act and non-hospital orders not to resuscitate

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-S5940 (ACTIVE) - Details

See Assembly Version of this Bill:
A5973
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally
Versions Introduced in Other Legislative Sessions:
2021-2022: S5327, A175
2023-2024: S3283, A7184

2019-S5940 (ACTIVE) - Summary

Makes technical, minor and coordinating amendments regarding health care agents and proxies, decisions under the family health care decisions act, and nonhospital orders not to resuscitate.

2019-S5940 (ACTIVE) - Sponsor Memo

2019-S5940 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5940
 
                        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, in relation to making  technical,
   minor  and  coordinating  amendments  regarding health care agents and
   proxies, decisions under the family health  care  decisions  act,  and
   nonhospital orders not to resuscitate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 2980 of the public health law, as
 amended by chapter 23 of the  laws  of  1994,  is  amended  to  read  as
 follows:
   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.
   § 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.
   §  3.  Subdivision  2  of  section  2982  of the public health law, as
 amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
 follows:
   2. Decision-making standard. After consultation with a licensed physi-
 cian,   registered   nurse,  PHYSICIAN  ASSISTANT,  NURSE  PRACTITIONER,
 licensed psychologist, licensed master  social  worker,  or  a  licensed

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

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