Assembly Bill A4332

Signed By Governor
2023-2024 Legislative Session

Relates to orders not to resuscitate; repealer

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

  • 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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2023-A4332 (ACTIVE) - Details

See Senate Version of this Bill:
S2930
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
2021-2022: A5508, S4684

2023-A4332 (ACTIVE) - Summary

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

2023-A4332 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4332
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced by M. of A. GUNTHER, 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 Article 29-B of the public health law is REPEALED.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.
                                                            LBD05243-01-3

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