S T A T E   O F   N E W   Y O R K
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                                  7617

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  MAISEL, BING, PAULIN, GABRYSZAK,
  CHRISTENSEN,  DenDEKKER,  ROSENTHAL,  JACOBS,  DelMONTE,   CYMBROWITZ,
  JAFFEE,  MILLMAN,  GALEF,  TITONE,  SCHIMEL, HOOPER, LANCMAN -- Multi-
  Sponsored by -- M. of A. AMEDORE, DESTITO, FIELDS, JOHN, KOON,  LUPAR-
  DO,  MARKEY,  McENENY, MENG, PHEFFER, RUSSELL, SWEENEY, TOWNS, WEISEN-
  BERG, WRIGHT -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to a patient's  right
  to palliative care information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
2997-c to read as follows:
  S 2997-C. PALLIATIVE CARE PATIENT INFORMATION. 1. DEFINITIONS. AS USED
IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS,
UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE:
  (A) "APPROPRIATE" MEANS CONSISTENT WITH APPLICABLE LEGAL,  HEALTH  AND
PROFESSIONAL  STANDARDS; THE PATIENT'S CLINICAL AND OTHER CIRCUMSTANCES;
AND THE PATIENT'S REASONABLY KNOWN WISHES AND BELIEFS.
  (B) "ATTENDING HEALTH CARE PRACTITIONER" MEANS A  PHYSICIAN  OR  NURSE
PRACTITIONER  WHO  HAS PRIMARY RESPONSIBILITY FOR THE CARE AND TREATMENT
OF THE PATIENT. WHERE MORE THAN  ONE  PHYSICIAN  OR  NURSE  PRACTITIONER
SHARE  THAT  RESPONSIBILITY,  EACH OF THEM HAS RESPONSIBILITY UNDER THIS
SECTION, UNLESS THEY AGREE TO ASSIGN THAT RESPONSIBILITY TO ONE OF THEM.
  (C) "PALLIATIVE CARE" MEANS HEALTH CARE TREATMENT, INCLUDING INTERDIS-
CIPLINARY END-OF-LIFE CARE, AND CONSULTATION WITH  PATIENTS  AND  FAMILY
MEMBERS,  TO  PREVENT  OR  RELIEVE PAIN AND SUFFERING AND TO ENHANCE THE
PATIENT'S QUALITY OF LIFE, INCLUDING HOSPICE CARE UNDER ARTICLE FORTY OF
THIS CHAPTER.
  (D) "TERMINAL ILLNESS OR CONDITION"  MEANS  AN  ILLNESS  OR  CONDITION
WHICH  CAN  REASONABLY  BE  EXPECTED  TO  CAUSE DEATH WITHIN SIX MONTHS,
WHETHER OR NOT TREATMENT IS PROVIDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD11098-02-9
              

A. 7617                             2

  2. IF A PATIENT IS DIAGNOSED WITH A TERMINAL ILLNESS OR CONDITION, THE
PATIENT'S ATTENDING HEALTH CARE PRACTITIONER SHALL OFFER TO PROVIDE  THE
PATIENT  WITH  INFORMATION  AND COUNSELING REGARDING PALLIATIVE CARE AND
END-OF-LIFE OPTIONS APPROPRIATE TO THE PATIENT, INCLUDING BUT NOT LIMIT-
ED  TO:  THE RANGE OF OPTIONS APPROPRIATE TO THE PATIENT; THE PROGNOSIS,
RISKS AND BENEFITS OF THE  VARIOUS  OPTIONS;  AND  THE  PATIENT'S  LEGAL
RIGHTS  TO COMPREHENSIVE PAIN AND SYMPTOM MANAGEMENT AT THE END OF LIFE.
THE INFORMATION AND COUNSELING MAY BE PROVIDED  ORALLY  OR  IN  WRITING.
WHERE  THE  PATIENT  LACKS  CAPACITY  TO  REASONABLY UNDERSTAND AND MAKE
INFORMED CHOICES RELATING TO PALLIATIVE CARE, THE ATTENDING HEALTH  CARE
PRACTITIONER SHALL PROVIDE INFORMATION AND COUNSELING UNDER THIS SECTION
TO  A  PERSON  WITH  AUTHORITY  TO  MAKE  HEALTH  CARE DECISIONS FOR THE
PATIENT.  THE ATTENDING HEALTH CARE PRACTITIONER MAY ARRANGE FOR  INFOR-
MATION  AND  COUNSELING  UNDER  THIS  SECTION  TO BE PROVIDED BY ANOTHER
PROFESSIONALLY QUALIFIED INDIVIDUAL.
  3. WHERE THE ATTENDING HEALTH CARE  PRACTITIONER  IS  NOT  WILLING  TO
PROVIDE  THE PATIENT WITH INFORMATION AND COUNSELING UNDER THIS SECTION,
HE OR SHE SHALL ARRANGE FOR ANOTHER PHYSICIAN OR NURSE  PRACTITIONER  TO
DO  SO,  OR  SHALL REFER OR TRANSFER THE PATIENT TO ANOTHER PHYSICIAN OR
NURSE PRACTITIONER WILLING TO DO SO.
  S 2. Paragraph (f) of subdivision 1  of  section  207  of  the  public
health  law,  as added by chapter 573 of the laws of 2008, is relettered
paragraph (g) and a new paragraph (h) is added to read as follows:
  (H) PALLIATIVE CARE OPTIONS FOR PATIENTS WITH A  TERMINAL  ILLNESS  OR
CONDITION.
  S  3.  The  department of health shall consult with the New York state
palliative care education and training council, as established in subdi-
vision 6 of section 2807-n of  the  public  health  law,  in  developing
educational documents and rules and regulations related to this act.
  S 4. This act shall take effect immediately, provided that section one
of  this  act  shall  take effect one hundred eighty days after it shall
have become a law.