senate Bill S7596

Signed by Governor

Relates to information and counseling on appropriate treatment options

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 06 / Jun / 2012
    • REFERRED TO HEALTH
  • 11 / Jun / 2012
    • REPORTED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1221
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO HEALTH
  • 14 / Jun / 2012
    • SUBSTITUTED FOR A10373
  • 14 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.134
  • 14 / Jun / 2012
    • PASSED ASSEMBLY
  • 14 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 18 / Jul / 2012
    • SIGNED CHAP.256

Summary

Relates to information and counseling on appropriate treatment options.

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Bill Details

See Assembly Version of this Bill:
A10373
Versions:
S7596
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §2997-c, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A1373
2009-2010: A5213A
2007-2008: A8806

Sponsor Memo

BILL NUMBER:S7596 REVISED 06/08/12

TITLE OF BILL:
An act to amend the public health law, in relation to information and
counseling on appropriate treatment options

PURPOSE:
To provide patients who have been diagnosed with a "terminal illness or
condition" with information regarding other appropriate treatment
options should the patient wish to initiate or continue treatment.

SUMMARY OF PROVISIONS:
§ 1-Amends § 2997-c of the Public Health Law to require that patients
diagnosed with a "terminal illness or condition" be given information
regarding other appropriate treatment options should the patient wish to
initiate or continue treatment. In the event the health care practition-
er is not willing or does not feel qualified to provide the patient with
such information, another health care practitioner must convey the
information to the patient.

§ 2- Effective date.

EXISTING LAW:
Chapter 331 of the laws of 2010.

JUSTIFICATION:
This bill aims to improve patient care by providing patients diagnosed
with a "terminal illness or condition" with information regarding appro-
priate treatment options. Allowing patients to choose additional treat-
ment options in addition to or in place of palliative end-of-life care
will improve patients' and their loved-ones' sense of autonomy and well-
being at a critical juncture in their lives.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect one hundred eighty days after it shall have
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7596

                            I N  S E N A T E

                              June 6, 2012
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  information  and
  counseling on appropriate treatment options

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

  Section 1. Section 2997-c of the public health law, as added by  chap-
ter 331 of the laws of 2010, is amended 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.
  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:
  (A)  information  and counseling regarding palliative care and end-of-
life options appropriate to the patient, including but not  limited  to:
the  range  of  options appropriate to the patient; the prognosis, risks

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15960-01-2

S. 7596                             2

and benefits of the various options; and the patient's legal  rights  to
comprehensive pain and symptom management at the end of life, AND
  (B)  INFORMATION  REGARDING OTHER APPROPRIATE TREATMENT OPTIONS SHOULD
THE PATIENT WISH TO INITIATE OR CONTINUE TREATMENT.  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  information  and  counseling  under  this
section to be provided by another professionally qualified individual.
  3. Where the attending health care practitioner is not willing OR DOES
NOT  FEEL  QUALIFIED  to  provide the patient with information and coun-
seling 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. This act shall take effect one hundred eighty days after it shall
have become a law.

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