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

Archive: Last Bill Status Via A8389 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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Date of Action	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
May 25, 2011	amend and recommit to health
May 02, 2011	referred to health

Votes

- Jun 21, 2012 - Floor Vote
  A8389
  
  Aye
  
  60
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 21, 2012
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Huntley
  Jun 5, 2012 - Health Committee Vote
  S5014A
  
  Aye
  
  12
  
  Nay
  
  0
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Health Committee Vote: Jun 5, 2012
      
      aye (12)
      
      Ball
      
      Duane
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Seward
      
      Stewart-Cousins
      
      Young
      
      aye wr (3)
      
      Adams
      
      Gianaris
      
      Peralta
      
      excused (2)
      
      Farley
      
      Smith
  Jun 7, 2011 - Health Committee Vote
  S5014A
  
  Aye
  
  12
  
  Nay
  
  0
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Jun 7, 2011
      
      aye (12)
      
      Ball
      
      Farley
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (5)
      
      Adams
      
      Duane
      
      Gianaris
      
      Kruger
      
      Rivera

Bill Amendments

2011-S5014 - Details

See Assembly Version of this Bill:: A8389
Law Section:: Public Health Law
Laws Affected:: Amd §§2981 & 2983, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S2908

2011-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.

2011-S5014 - Sponsor Memo

                                BILL NUMBER:S5014

TITLE OF BILL:
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

PURPOSE:
To remove the prerequisite of an attending physician to determine the
principal's decisional incapacity when the principal is outside a
hospital, mental hygiene facility or residential health care
facility and authorize the agent to make decisions for transport to a
particular hospital, mental hygiene facility or residential health
care facility when the principal is unconscious or unresponsive and
there is no major medical trauma.

SUMMARY OF PROVISIONS:
Section 1 amends section 2981 of the public health law's to allow a
health care agent's authority to commence if the principle is not
found within a hospital, mental hygiene facility or residential health
care facility and is in an unconscious or unresponsive state.

Section 2 amends section 2982 of the public health law to allow health
care agents to make decisions on behalf of principals, limited to

placement in a hospital, mental hygiene facility, residential health
care facility or the choice of provider, when the principal is
unconscious or unresponsive and is not found within a hospital,
mental hygiene facility or residential healthcare facility, without
consultation with a licensed physician, registered nurse, licensed
psychologist, licensed master social worker, or licensed clinical
social worker.

Section 3 amends section 2983 of the public health law to allow that
no determination by the physician be required, where the principal is
found outside of a hospital, mental hygiene facility or residential
health care facility and is unconscious or unresponsive as there shall
be a presumption of incapacity for limited purposes of empowering the
health care agent to make health care decisions in regard to the
principal's placement in a hospital, mental hygiene facility,
residential health care facility or choosing a health care provider.

Section 4 Establishes the effective date.

JUSTIFICATION:
Many senior citizens and legal practitioners believe that a properly
prepared and executed health care proxy can be used immediately when
the need arises. In particular, many legal practitioners counsel, and
seniors believe that the health care agent's authority to act is
comprehensive in all settings, including outside of a hospital or
other medical health facility. However, recently, a federal court
decision in Stein vs.
County of Nassau, et al. (Eastern District, (06-cv-5522-JS-WDW)
7/23/09) outlined, inter alia, the limitations on the authority of a
health care agent authority to make decisions, including the decision


to transport the principal to a particular hospital or other medical
institutional setting, when that decision is made outside of a
hospital setting. The federal court held that if the principal is
non-responsive and not in major medical trauma, the health care proxy
is valid outside of a hospital and institution but that PHL section
2982 imposes restrictions on the agent's health care decision making
authority.
Specifically, that there is a procedural requirement that the Agent
first consult with one of the listed professionals in the statute
before a health care decision, including transport to a particular
medical facility, may be made.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120th day after becoming law.

2011-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

S. 5014                             2

WHERE  THE  PRINCIPAL  IS  UNCONSCIOUS  OR UNRESPONSIVE AND IS NOT FOUND
WITHIN A HOSPITAL, MENTAL HYGIENE FACILITY OR A RESIDENTIAL HEALTH  CARE
FACILITY,  THE  AGENT  SHALL  MAKE  DECISIONS  LIMITED TO PLACEMENT IN A
HOSPITAL,  MENTAL  HYGIENE FACILITY, RESIDENTIAL HEALTH CARE FACILITY OR
THE CHOICE OF HEALTH CARE PROVIDER PURSUANT TO THIS SUBDIVISION  WITHOUT
CONSULTATION  WITH  A  LICENSED  PHYSICIAN,  REGISTERED  NURSE, LICENSED
PSYCHOLOGIST, LICENSED MASTER SOCIAL WORKER, OR LICENSED CLINICAL SOCIAL
WORKER.
  S 3. 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
another physician to confirm such determination. Such consultation shall
also be included within the patient's medical record.  NO  DETERMINATION
BY  THE PHYSICIAN SHALL BE REQUIRED WHERE THE PRINCIPAL IS FOUND OUTSIDE
OF A HOSPITAL, MENTAL HYGIENE FACILITY OR RESIDENTIAL HEALTH CARE FACIL-
ITY AND THE PRINCIPAL IS UNCONSCIOUS OR UNRESPONSIVE AS THERE SHALL BE A
PRESUMPTION OF INCAPACITY FOR THE  LIMITED  PURPOSE  OF  EMPOWERING  THE
HEALTH CARE AGENT TO MAKE HEALTH CARE DECISIONS IN REGARD TO THE PRINCI-
PAL'S  PLACEMENT  IN  A  HOSPITAL,  MENTAL HYGIENE FACILITY, RESIDENTIAL
HEALTH CARE FACILITY OR CHOOSING A HEALTH CARE PROVIDER.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such effective date.

2011-S5014A (ACTIVE) - Details

See Assembly Version of this Bill:: A8389
Law Section:: Public Health Law
Laws Affected:: Amd §§2981 & 2983, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S2908

2011-S5014A (ACTIVE) - Summary

2011-S5014A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5014A

TITLE OF BILL:
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

PURPOSE:
To remove the prerequisite of an attending physician to determine the
principal's decisional incapacity when the principal is outside a
hospital, mental hygiene facility or residential health care facility
and authorize the agent to make decisions for transport to a
particular hospital, mental hygiene facility or residential health
care facility when the principal is unconscious or unresponsive and
there is no major medical trauma.

SUMMARY OF PROVISIONS:
Section 1 amends section 2981 of the public health law's to allow a
health care agent's authority to commence if the principle is not
found within a hospital, mental hygiene facility or residential health
care facility and is in an unconscious or unresponsive state.

Section 2 amends section 2982 of the public health law to allow health
care agents to make decisions on behalf of principals, limited to

placement in a hospital, mental hygiene facility, residential health
care facility or the choice of provider, when the principal is
unconscious or unresponsive and is not found within a hospital,
mental hygiene facility or residential healthcare facility, without
consultation with a licensed physician, registered nurse, licensed
psychologist, licensed master social worker, or licensed clinical
social worker.

Section 3 amends section 2983 of the public health law to allow that
no determination by the physician be required, where the principal is
found outside of a hospital, mental hygiene facility or residential
health care facility and is unconscious or unresponsive as there shall
be a presumption of incapacity for limited purposes of empowering the
health care agent to make health care decisions in regard to the
principal's placement in a hospital, mental hygiene facility,
residential health care facility or choosing a health care provider.

Section 4 Establishes the effective date.

JUSTIFICATION:
Many senior citizens and legal practitioners believe that a properly
prepared and executed health care proxy can be used immediately when
the need arises. In particular, many legal practitioners counsel, and
seniors believe that the health care agent's authority to act is
comprehensive in all settings, including outside of a hospital or
other medical health facility. However, recently, a federal court
decision in Stein vs.
County of Nassau, et al. (Eastern District, (06-cv-5522-JS-WDW)
7/23/09) outlined, inter alia, the limitations on the authority of a
health care agent authority to make decisions, including the decision


to transport the principal to a particular hospital or other medical
institutional setting, when that decision is made outside of a
hospital setting. The federal court held that if the principal is
non-responsive and not in major medical trauma, the health care proxy
is valid outside of a hospital and institution but that PHL section
2982 imposes restrictions on the agent's health care
decision making authority.
Specifically, that there is a procedural requirement that the Agent
first consult with one of the listed professionals in the statute
before a health care decision, including transport
to a particular
medical facility, may be made.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-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

S. 5014--A                          2

another physician to confirm such determination. Such consultation shall
also be included within the patient's medical record.  NO  DETERMINATION
BY  THE PHYSICIAN SHALL BE REQUIRED WHERE THE PRINCIPAL IS FOUND OUTSIDE
OF A HOSPITAL, MENTAL HYGIENE FACILITY OR RESIDENTIAL HEALTH CARE FACIL-
ITY AND THE PRINCIPAL IS UNCONSCIOUS OR UNRESPONSIVE AS THERE SHALL BE A
PRESUMPTION  OF  INCAPACITY  FOR  THE  LIMITED PURPOSE OF EMPOWERING THE
HEALTH CARE AGENT TO MAKE HEALTH CARE DECISIONS IN REGARD TO THE  CHOICE
OF  WHICH  HOSPITAL, MENTAL HYGIENE FACILITY, OR RESIDENTIAL HEALTH CARE
PROVIDER WHERE THE PRINCIPAL SHOULD BE TRANSPORTED.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such effective date.

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Senate Bill S5014A

Vetoed By Governor

Sponsored By

Archive: Last Bill Status Via A8389 - Vetoed by Governor

Actions

Votes

Jun 21, 2012 - Floor Vote

Floor Vote: Jun 21, 2012

Jun 5, 2012 - Health Committee Vote

Health Committee Vote: Jun 5, 2012

Jun 7, 2011 - Health Committee Vote

Health Committee Vote: Jun 7, 2011

Bill Amendments

2011-S5014 - Details

2011-S5014 - Summary

2011-S5014 - Sponsor Memo

2011-S5014 - Bill Text download pdf

2011-S5014A (ACTIVE) - Details

2011-S5014A (ACTIVE) - Summary

2011-S5014A (ACTIVE) - Sponsor Memo

2011-S5014A (ACTIVE) - Bill Text download pdf

Comments

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Get Status Alerts for 2011-S5014A

Senate Bill S5014A

Vetoed By Governor

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Sponsored By

John A. DeFrancisco

Archive: Last Bill Status Via A8389 - Vetoed by Governor

Actions

Votes

Bill Amendments

2011-S5014 - Details

2011-S5014 - Summary

2011-S5014 - Sponsor Memo

2011-S5014 - Bill Text download pdf

2011-S5014A (ACTIVE) - Details

2011-S5014A (ACTIVE) - Summary

2011-S5014A (ACTIVE) - Sponsor Memo

2011-S5014A (ACTIVE) - Bill Text download pdf

Comments