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Assembly Bill A7343

Signed By Governor

2011-2012 Legislative Session

Relating to extending the provisions of the Family Health Care Decisions act

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

co-Sponsors

2011-A7343 - Details

Law Section:
Public Health Law
Laws Affected:
Rpld Art 29-B, amd Pub Health L, generally; amd ยง1750-b, SCPA

2011-A7343 - Summary

Extends provisions of the Family Health Care Decisions act to decisions regarding hospice care.

2011-A7343 - Bill Text download pdf

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

                                  7343

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2011
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the surrogate's  court  proce-
  dure  act,  in  relation to orders not to resuscitate for residents of
  mental hygiene facilities; making technical, clarifying and coordinat-
  ing amendments regarding health  care  agents  and  proxies,  amending
  provisions  relating to health care decisions for people with develop-
  mental disabilities; 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 Article 29-B of the public health law is REPEALED.
  S  2.  Subdivisions 4 and 10 of section 2980 of the public health law,
subdivision 4 as added by chapter 752 of the laws of  1990,  subdivision
10  as  amended by chapter 23 of the laws of 1994, are amended and a new
subdivision 8-a is added to read as follows:
  4. "Health care" means any treatment, service or procedure to diagnose
or treat an individual's physical or mental condition.  PROVIDING NUTRI-
TION OR HYDRATION ORALLY, WITHOUT RELIANCE ON MEDICAL TREATMENT, IS  NOT
HEALTH CARE UNDER THIS ARTICLE AND IS NOT SUBJECT TO THIS ARTICLE.
  8-A.  "HEALTH  OR  SOCIAL  SERVICES  PRACTITIONER"  MEANS A REGISTERED
PROFESSIONAL NURSE, NURSE PRACTITIONER, PHYSICIAN, PHYSICIAN  ASSISTANT,
PSYCHOLOGIST  OR  LICENSED CLINICAL SOCIAL WORKER, LICENSED OR CERTIFIED
PURSUANT TO THE EDUCATION LAW ACTING WITHIN HIS OR HER  SCOPE  OF  PRAC-
TICE.
  10.  "Mental hygiene facility" means a residential facility, excluding
family care homes, operated or licensed by the office of  mental  health
or  the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10291-03-1

              

co-Sponsors

2011-A7343A (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Rpld Art 29-B, amd Pub Health L, generally; amd ยง1750-b, SCPA

2011-A7343A (ACTIVE) - Summary

Extends provisions of the Family Health Care Decisions act to decisions regarding hospice care.

2011-A7343A (ACTIVE) - Bill Text download pdf

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

                                 7343--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2011
                               ___________

Introduced by M. of A. GOTTFRIED, P. RIVERA -- read once and referred to
  the  Committee  on Health -- reported and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  public health law, in relation to extending the
  provisions of the  Family  Health  Care  Decisions  act  to  decisions
  regarding hospice care

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

  Section 1.  Subdivision 18 of section 2994-a of the public health law,
as added by chapter 8 of the laws of 2010 is amended, and two new subdi-
visions 5-a and 17-a are added to read as follows:
  5-A. "DECISIONS REGARDING HOSPICE CARE" MEANS THE DECISION  TO  ENROLL
OR  DISENROLL  IN  HOSPICE,  AND CONSENT TO THE HOSPICE PLAN OF CARE AND
MODIFICATIONS TO THAT PLAN.
  17-A.  "HOSPICE" MEANS A HOSPICE AS DEFINED IN ARTICLE FORTY  OF  THIS
CHAPTER, WITHOUT REGARD TO WHERE THE HOSPICE CARE IS PROVIDED.
  18.  "Hospital"  means  a  general hospital [or], a residential health
care facility, OR HOSPICE.
  S 2. Subdivision 1 of section 2994-b of  the  public  health  law,  as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  1.  This article shall apply to health care decisions regarding health
care provided in a hospital [to], AND  TO  DECISIONS  REGARDING  HOSPICE
CARE  WITHOUT  REGARD TO WHERE THE DECISION IS MADE OR WHERE THE CARE IS
PROVIDED, FOR a patient who lacks decision-making  capacity,  except  as
limited by this section.
  S  3.  Paragraph  (b) of subdivision 3 of section 2994-c of the public
health law, as added by chapter 8 of the laws of  2010,  is  amended  to
read as follows:
  (b)  (i)  In  a  residential  health care facility, a health or social
services practitioner employed by or otherwise formally affiliated  with
the facility must independently determine whether an adult patient lacks
decision-making capacity.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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