Assembly Bill A5508

2021-2022 Legislative Session

Relates to orders not to resuscitate; repealer

download bill text pdf

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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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2021-A5508 (ACTIVE) - Details

See Senate Version of this Bill:
S4684
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
2017-2018: A851
2019-2020: A7172, S5762
2023-2024: A4332, S2930

2021-A5508 (ACTIVE) - Summary

Changes the controlling law for orders not to resuscitate for residents of mental hygiene facilities.

2021-A5508 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5508
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER, GOTTFRIED, BRONSON -- 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 Article 29-B of the public health law is REPEALED.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
 amended by chapter 708 of the laws  of  2019,  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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