Assembly Bill A9963

2021-2022 Legislative Session

Relates to authorizing certain minors to consent to medical, dental, health, mental health or hospital services

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-A9963 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2504, 17, 18 & 2168, Pub Health L; amd §§9.13, 22.11, 33.21 & 33.16, Ment Hyg L; amd §§372, 373-a & 366, add §373-b, Soc Serv L; amd §3244, Ins L

2021-A9963 (ACTIVE) - Summary

Authorizes minors to consent to medical, dental, health, mental health or hospital services if they comprehend the need for, the nature of, and the reasonably foreseeable risks and benefits involved, as well as any alternatives thereto.

2021-A9963 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9963
 
                           I N  A S S E M B L Y
 
                              April 21, 2022
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health  law,  the  mental  hygiene  law,  the
   social  services  law and the insurance law, in relation to permitting
   certain minors to consent to health care treatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2504 of the public health law, as added by chapter
 769 of the laws of 1972, subdivision 2 as amended by chapter 119 of  the
 laws of 2005, subdivision 3 as added by chapter 976 of the laws of 1984,
 subdivision 4 as amended by chapter 623 of the laws of 2019, subdivision
 5 as added and subdivision 6 as renumbered by chapter 521 of the laws of
 1994,  and subdivision 7 as added by chapter 360 of the laws of 2019, is
 amended to read as follows:
   § 2504. Enabling certain  persons  to  consent  for  certain  medical,
 dental,  health  and  hospital  services.  1. Any person who is eighteen
 years of age or older, or is the parent of a child or has  married,  may
 give effective consent for medical, dental, health and hospital services
 for  [himself  or  herself] THEMSELF, and the consent of no other person
 shall be necessary.
   (A) ANY PERSON, INCLUDING A MINOR, WHO COMPREHENDS THE NEED  FOR,  THE
 NATURE OF, AND THE REASONABLY FORESEEABLE RISKS AND BENEFITS INVOLVED IN
 ANY  CONTEMPLATED  MEDICAL, DENTAL, HEALTH, OR HOSPITAL SERVICE, AS WELL
 AS ANY ALTERNATIVES THERETO, MAY  GIVE  EFFECTIVE  CONSENT  THERETO  FOR
 THEMSELF, AND THE CONSENT OF NO OTHER PERSON SHALL BE NECESSARY.
   (B)  ANY  RUNAWAY  YOUTH OR HOMELESS YOUTH, AS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, MAY  GIVE  EFFECTIVE  CONSENT
 FOR MEDICAL, DENTAL, HEALTH AND HOSPITAL SERVICES FOR THEMSELF.
   (C)  THE  COMMISSIONER MAY PROMULGATE REGULATIONS AS REASONABLY NECES-
 SARY TO IMPLEMENT PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   2. Any person who has been married or who has borne a child  may  give
 effective  consent for medical, dental, health and hospital services for
 his [or], her, OR THEIR child. Any person who has been designated pursu-
 ant to title fifteen-A of article five of the general obligations law as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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