NY State Senate Bill 2021-S2092

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 19, 2021	referred to health

co-Sponsors

2021-S2092 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2994-bb, 2994-cc & 2994-ee, Pub Health L; amd §§490, 502 & 504, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4713
2017-2018: S187
2019-2020: S2653

2021-S2092 (ACTIVE) - Summary

Establishes do not resuscitate orders on drivers' licenses and identification cards.

2021-S2092 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2092

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the public health law and the vehicle and traffic law,
in relation to establishing do not resuscitate orders on drivers'
licenses and identification cards

 
PURPOSE:

The purpose of this legislation is to allow individuals who apply for a
driver's license or identification card to provide another form of
notice to emergency personnel with respect to their wishes not to resus-
citate. Similar to the current law covering non-hospital orders, once
emergency personnel are provided with the directive found on a license
or identification card, they must comply with the individual's direc-
tives.

 
SUMMARY OF PROVISIONS:

Section 1. The bill amends the public health law to allow for a non-hos-
pital order not to resuscitate to be issued on an application or renewal
form of a driver's license, or on a non-driver identification card
application or renewal form.

Section 2 amends the public health law to allow for an adult with deci-
sion making capacity to consent to a non-hospital order not to resusci-
tate on an application or renewal form of a driver's license or on a
non-driver identification card or renewal form.

Section 3 amends the public health law to direct that emergency medical
services personnel, home care services agency personnel, hospice person-
nel, or hospital emergency services personnel who identify a non-hospi-
tal order not to resuscitate on an individual's driver's license or
non-driver identification card shall comply with the terms of such
order.

Sections 4 and 5 amend the vehicle and traffic law to allow on the
application for a driver's license or in clear and conspicuous writing,
an individual would be required to check either "yes" or "skip this
question: when answering this question "Would you like to consent to a
do not resuscitate order which directs emergency services personnel,
home care services agency personnel, hospice personnel and hospital
emergency services personnel not to attempt cardiopulmonary resusci-
tation in the event that you suffer cardiac or respiratory arrest?" The
bill also provides that failure to check a "yes" or "skip this question"
shall not be interpreted to imply a wish to consent to an order not to
resuscitate. In the case of an applicant under eighteen years of age,
checking "yes" shall not constitute consent to an order not to resusci-
tate.

Section 6 amends the vehicle and traffic law to provide that every
license or renewal shall contain a distinguishing mark and adequate
space upon which consent to a non-hospital order not to resuscitate
shall be recorded and issued in an form as the commissioner shall deter-
mine.

 
JUSTIFICATION:
Under New York law, a Do Not Resuscitate (DNR) Order provides instruc-
tion to medical professionals not to perform emergency treatment when an
individual's heartbeat or breathing stops. This directive prohibits
medical personnel from initiating emergency procedures to restart an
individual's heart or lungs. Adults 18 or older can get a hospital or
non-hospital order which must be honored by medical personnel. Current-
ly, a Hospital DNR wish can be made known in a health care proxy, living
will or state approved form. A Non-Hospital DNR order must be recorded
on a state specific form.  However, if an individual goes into cardiac
arrest out of state or a family member does not readily have access to
provide proof of the individual's wishes or if the individual is inca-
pacitated outside of a medical facility, a DNR designation on a license
would clearly convey their wishes.

 
LEGISLATIVE HISTORY:

2019-20: Referred to Health

2017-18: Referred to Health

2015-16: Referred to Health

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The act shall take effect on the ninetieth day after it shall have
become law; provided that the commissioner of motor vehicles may imple-
ment sections four, five and six of this act before that date.

2021-S2092 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2092
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by Sens. JORDAN, STAVISKY -- 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 vehicle and  traffic  law,
   in  relation  to  establishing  do  not resuscitate orders on drivers'
   licenses and identification cards

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 2994-bb of the public health law,
 as added by chapter 8 of the  laws  of  2010,  is  amended  to  read  as
 follows:
   2.  A  nonhospital  order  not to resuscitate may be issued (A) during
 hospitalization to take effect after hospitalization, [or may be issued]
 (B) for a person who is not a patient in, or a resident of, a  hospital,
 (C) ON AN APPLICATION OR RENEWAL FORM OF A DRIVER'S LICENSE, OR (D) ON A
 NON-DRIVER IDENTIFICATION CARD APPLICATION OR RENEWAL FORM.
   §  2.  Section 2994-cc of the public health law is amended by adding a
 new subdivision 6 to read as follows:
   6. AN ADULT WITH DECISION-MAKING CAPACITY MAY CONSENT TO A NONHOSPITAL
 ORDER NOT TO RESUSCITATE ON AN APPLICATION OR RENEWAL FORM OF A DRIVER'S
 LICENSE OR ON A NON-DRIVER IDENTIFICATION CARD  APPLICATION  OR  RENEWAL
 FORM. CONSENT SHALL BE GOVERNED BY SECTIONS FOUR HUNDRED NINETY AND FIVE
 HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW.
   §  3.  The  opening  paragraph of section 2994-ee of the public health
 law, as added by chapter 8 of the laws of 2010, is amended  to  read  as
 follows:
   Obligation to honor a nonhospital order not to resuscitate.  Emergency
 medical services personnel, home care services agency personnel, hospice
 personnel,  or  hospital  emergency  services personnel who are provided
 with a nonhospital order not to resuscitate, [or] who identify the stan-
 dard bracelet on the patient's body, OR WHO IDENTIFY A NONHOSPITAL ORDER
 NOT TO RESUSCITATE ON AN INDIVIDUAL'S  DRIVER'S  LICENSE  OR  NON-DRIVER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01387-01-1

 S. 2092                             2
 
 IDENTIFICATION CARD shall comply with the terms of such order; provided,
 however, that:
   § 4. Section 490 of the vehicle and traffic law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A.  ORDER  TO  NOT  RESUSCITATE  DESIGNATION. THE COMMISSIONER SHALL
 ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION SO THAT  THE  APPLICANT
 MAY  CONSENT TO OR DECLINE A NONHOSPITAL ORDER NOT TO RESUSCITATE PURSU-
 ANT TO SECTION TWENTY-NINE HUNDRED NINETY-FOUR-CC OF THE  PUBLIC  HEALTH
 LAW  AND  THAT  THE  FOLLOWING IS STATED ON THE APPLICATION IN CLEAR AND
 CONSPICUOUS TYPE:
   "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO CONSENT TO
 A DO-NOT-RESUSCITATE ORDER  WHICH  DIRECTS  EMERGENCY  MEDICAL  SERVICES
 PERSONNEL,  HOME  CARE  SERVICES AGENCY PERSONNEL, HOSPICE PERSONNEL AND
 HOSPITAL EMERGENCY SERVICES PERSONNEL  NOT  TO  ATTEMPT  CARDIOPULMONARY
 RESUSCITATION  IN  THE  EVENT  THAT  YOU  SUFFER  CARDIAC OR RESPIRATORY
 ARREST? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
   FAILURE TO CHECK A "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE
 CONSTRUED TO IMPLY A WISH TO CONSENT TO AN ORDER NOT TO RESUSCITATE.  IN
 THE  CASE  OF  AN  APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES"
 SHALL NOT CONSTITUTE CONSENT TO AN ORDER NOT TO  RESUSCITATE.  WHERE  AN
 APPLICANT  HAS  PREVIOUSLY  CONSENTED  TO  AN  ORDER NOT TO RESUSCITATE,
 CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
 THAT CONSENT.
   § 5. Section 502 of the vehicle and traffic law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. ORDER TO NOT  RESUSCITATE  DESIGNATION.  THE  COMMISSIONER  SHALL
 ENSURE  THAT  SPACE IS PROVIDED ON THE APPLICATION SO THAT THE APPLICANT
 MAY CONSENT TO OR DECLINE A NONHOSPITAL ORDER NOT TO RESUSCITATE  PURSU-
 ANT  TO  SECTION TWENTY-NINE HUNDRED NINETY-FOUR-CC OF THE PUBLIC HEALTH
 LAW AND THAT THE FOLLOWING IS STATED ON THE  APPLICATION  IN  CLEAR  AND
 CONSPICUOUS TYPE:
   "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO CONSENT TO
 A  DO-NOT-RESUSCITATE  ORDER  WHICH  DIRECTS  EMERGENCY MEDICAL SERVICES
 PERSONNEL, HOME CARE SERVICES AGENCY PERSONNEL,  HOSPICE  PERSONNEL  AND
 HOSPITAL  EMERGENCY  SERVICES  PERSONNEL  NOT TO ATTEMPT CARDIOPULMONARY
 RESUSCITATION IN THE  EVENT  THAT  YOU  SUFFER  CARDIAC  OR  RESPIRATORY
 ARREST? CHECK BOX FOR 'YES' OR 'SKIP THE QUESTION'."
   FAILURE  TO CHECK A "YES" OR CHECKING "SKIP THE QUESTION" SHALL NOT BE
 CONSTRUED TO IMPLY A WISH TO CONSENT TO AN ORDER NOT TO RESUSCITATE.  IN
 THE  CASE  OF  AN  APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES"
 SHALL NOT CONSTITUTE CONSENT TO AN ORDER NOT TO  RESUSCITATE.  WHERE  AN
 APPLICANT  HAS  PREVIOUSLY  CONSENTED  TO  AN  ORDER NOT TO RESUSCITATE,
 CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
 THAT CONSENT.
   § 6. Subdivision 1 of section 504 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (a-2) to read as follows:
   (A-2)  EVERY LICENSE OR RENEWAL THEREOF SHALL CONTAIN A DISTINGUISHING
 MARK AND ADEQUATE SPACE UPON WHICH CONSENT TO A NONHOSPITAL ORDER NOT TO
 RESUSCITATE PURSUANT TO SECTION TWENTY-NINE  HUNDRED  NINETY-FOUR-CC  OF
 THE  PUBLIC  HEALTH  LAW,  BY  THE  LICENSEE SHALL BE RECORDED AND SHALL
 CONTAIN SUCH OTHER INFORMATION AND SHALL BE ISSUED IN SUCH FORM  AS  THE
 COMMISSIONER  SHALL  DETERMINE;  PROVIDED,  HOWEVER,  EVERY  LICENSE  OR
 RENEWAL THEREOF ISSUED TO A PERSON CONSENTING TO A NONHOSPITAL ORDER NOT
 TO RESUSCITATE SHALL HAVE PROMINENTLY PRINTED UPON  THE  FRONT  OF  SUCH
 LICENSE OR RENEWAL THEREOF THE STATEMENT "D.N.R." IN NOTABLY DISTINCTIVE
 PRINT OR FORMAT.

 S. 2092                             3
 
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided that the commissioner of motor vehicles  may
 implement sections four, five, and six of this act before that date.

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Senate Bill S2092

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2021-S2092 (ACTIVE) - Details

2021-S2092 (ACTIVE) - Summary

2021-S2092 (ACTIVE) - Sponsor Memo

2021-S2092 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2092

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Sponsored By

Daphne Jordan

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Patrick M. Gallivan

Peter Oberacker

Toby Ann Stavisky

2021-S2092 (ACTIVE) - Details

2021-S2092 (ACTIVE) - Summary

2021-S2092 (ACTIVE) - Sponsor Memo

2021-S2092 (ACTIVE) - Bill Text download pdf

Comments