senate Bill S5014A

Vetoed By Governor
2011-2012 Legislative Session

Relates to the authority of an agent to act outside a hospital setting to make certain decisions regarding the transport of the principal

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8389 - Vetoed by Governor


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 05, 2012 tabled
Oct 03, 2012 vetoed memo.156
Sep 21, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1081
substituted for s5014a
Jun 21, 2012 substituted by a8389
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1081
Jan 04, 2012 referred to health
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1133
May 25, 2011 print number 5014a
amend and recommit to health
May 02, 2011 referred to health

Votes

view votes

Jun 5, 2012 - Health committee Vote

S5014A
12
0
committee
12
Aye
0
Nay
3
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Jun 5, 2012

aye wr (3)
excused (2)

Jun 7, 2011 - Health committee Vote

S5014A
12
0
committee
12
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

S5014 - Details

See Assembly Version of this Bill:
A8389
Law Section:
Public Health Law
Laws Affected:
Amd §§2981 & 2983, Pub Health L

S5014 - Summary

Relates to the authority of an agent to act outside a hospital setting to make certain decisions regarding the transport of the principal to a particular medical setting when such principal is unconscious or unresponsive.

S5014 - Sponsor Memo

S5014 - Bill Text download pdf

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

                                  5014

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 the  authority  of
  an  agent  to act outside a hospital setting to make certain decisions
  regarding the transport of  the  principal  to  a  particular  medical
  setting when such principal is unconscious or unresponsive

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

  Section 1. Subdivision 4 of section 2981 of the public health law,  as
added by chapter 752 of the laws of 1990, is amended to read as follows:
  4.  Commencement  of  agent's  authority.  The agent's authority shall
commence upon a determination,  made  pursuant  to  subdivision  one  of
section two thousand nine hundred eighty-three of this article, that the
principal lacks capacity to make health care decisions OR IF THE PRINCI-
PAL  IS NOT FOUND WITHIN A HOSPITAL, MENTAL HYGIENE FACILITY OR RESIDEN-
TIAL HEALTH CARE FACILITY AND  IS  IN  AN  UNCONSCIOUS  OR  UNRESPONSIVE
STATE.
  S  2.  Subdivision  2  of  section  2982  of the public health law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:
  2. Decision-making standard. After consultation with a licensed physi-
cian,  registered  nurse,  licensed psychologist, licensed master social
worker, or a licensed clinical  social  worker,  the  agent  shall  make
health  care  decisions:  (a) in accordance with the principal's wishes,
including the principal's religious and moral beliefs;  or  (b)  if  the
principal's  wishes  are not reasonably known and cannot with reasonable
diligence be ascertained, in accordance with the principal's best inter-
ests; provided, however, that if the principal's  wishes  regarding  the
administration  of artificial nutrition and hydration are not reasonably
known and cannot with reasonable diligence  be  ascertained,  the  agent
shall not have the authority to make decisions regarding these measures.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11239-01-1

S5014A (ACTIVE) - Details

See Assembly Version of this Bill:
A8389
Law Section:
Public Health Law
Laws Affected:
Amd §§2981 & 2983, Pub Health L

S5014A (ACTIVE) - Summary

Relates to the authority of an agent to act outside a hospital setting to make certain decisions regarding the transport of the principal to a particular medical setting when such principal is unconscious or unresponsive.

S5014A (ACTIVE) - Sponsor Memo

S5014A (ACTIVE) - Bill Text download pdf

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

                                 5014--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to the authority of
  an agent to act outside a hospital setting to make  certain  decisions
  regarding  the  transport  of  the  principal  to a particular medical
  setting when such principal is unconscious or unresponsive

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

  Section  1. Subdivision 4 of section 2981 of the public health law, as
added by chapter 752 of the laws of 1990, is amended to read as follows:
  4. Commencement of agent's  authority.  The  agent's  authority  shall
commence  upon  a  determination,  made  pursuant  to subdivision one of
section two thousand nine hundred eighty-three of this article, that the
principal lacks capacity to make health care decisions OR IF THE PRINCI-
PAL IS NOT FOUND WITHIN A HOSPITAL, MENTAL HYGIENE FACILITY OR  RESIDEN-
TIAL  HEALTH  CARE  FACILITY  AND  IS  IN AN UNCONSCIOUS OR UNRESPONSIVE
STATE.
  S 2.  Paragraph (a) of subdivision 1 of section  2983  of  the  public
health  law,  as added by chapter 752 of the laws of 1990, is amended to
read as follows:
  (a) A determination that a principal lacks  capacity  to  make  health
care  decisions shall be made by the attending physician to a reasonable
degree of medical certainty. The determination shall be made in  writing
and shall contain such attending physician's opinion regarding the cause
and nature of the principal's incapacity as well as its extent and prob-
able  duration.  The  determination  shall  be included in the patient's
medical record. For a decision to withdraw or  withhold  life-sustaining
treatment,  the  attending  physician who makes the determination that a
principal lacks capacity to make health care decisions must consult with

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11239-02-1

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