S T A T E O F N E W Y O R K
________________________________________________________________________
885
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. GOTTFRIED, PAULIN, WEISENBERG, SCHROEDER --
Multi-Sponsored by -- M. of A. BOYLAND, JOHN, PERALTA, PHEFFER --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to health care prac-
titioners honoring nonhospital do not resuscitate orders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 16 of section 2961 of the public health law, as
amended by chapter 577 of the laws of 1993, is amended to read as
follows:
16. "Nonhospital order not to resuscitate" means an order, issued in
accordance with section twenty-nine hundred seventy-seven of this arti-
cle, that directs emergency medical services personnel, hospital emer-
gency service personnel [or], correctional facilities medical care
personnel OR A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED OR REGIS-
TERED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW not to attempt
cardiopulmonary resuscitation in the event a patient suffers cardiac or
respiratory arrest.
S 2. Subdivision 1 of section 2977 of the public health law, as
amended by chapter 577 of the laws of 1993, is amended to read as
follows:
1. Emergency medical services personnel, hospital emergency service
personnel [and], correctional facilities medical care personnel AND A
HEALTH CARE PRACTITIONER LICENSED, CERTIFIED OR REGISTERED PURSUANT TO
TITLE EIGHT OF THE EDUCATION LAW shall honor nonhospital orders not to
resuscitate, except as provided in subdivision ten of this section.
S 3. Subdivision 10 of section 2977 of the public health law, as added
by chapter 370 of the laws of 1991, the opening paragraph and the open-
ing paragraph of paragraph (a) as amended by chapter 577 of the laws of
1993, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01108-01-9
A. 885 2
10. Emergency medical services personnel, hospital emergency service
personnel [or], correctional facilities medical care personnel OR A
HEALTH CARE PRACTITIONER LICENSED, CERTIFIED OR REGISTERED PURSUANT TO
TITLE EIGHT OF THE EDUCATION LAW who are provided with a nonhospital
order not to resuscitate, or who identify the standard bracelet on the
patient's body, shall comply with the terms of such order; provided,
however, that:
(a) (1) emergency medical services personnel, hospital emergency
service personnel [or], correctional facilities medical care personnel
OR A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED OR REGISTERED PURSUANT
TO TITLE EIGHT OF THE EDUCATION LAW may disregard the order if:
(i) they believe in good faith that consent to the order has been
revoked, or that the order has been cancelled; or
(ii) family members or others on the scene, excluding such personnel,
object to the order and physical confrontation appears likely; and
[(b)] (2) hospital emergency service physicians may direct that the
order be disregarded if other significant and exceptional medical
circumstances warrant disregarding the order.
(B) IN THE CASE OF A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED OR
REGISTERED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHO IS EMPLOYED
TO PROVIDE SERVICES TO STUDENTS IN A SCHOOL, SUCH HEALTH CARE PRACTI-
TIONER SHALL NOT HONOR A NONHOSPITAL ORDER NOT TO RESUSCITATE RELATING
TO A STUDENT OF THE SCHOOL IF THE GOVERNING AUTHORITY OF THE SCHOOL
EMPLOYING SUCH HEALTH CARE PRACTITIONER HAS ADOPTED A POLICY NOT TO
HONOR NONHOSPITAL ORDERS NOT TO RESUSCITATE. NO PROVISION OF THIS ARTI-
CLE SHALL BE DEEMED TO REQUIRE A SCHOOL, SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES TO EMPLOY A HEALTH CARE PRACTITIONER
FOR THE PURPOSE OF EFFECTUATING A NONHOSPITAL DO NOT RESUSCITATE ORDER.
S 4. This act shall take effect immediately.