Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 16, 2014 |
referred to health |
Assembly Bill A9693
2013-2014 Legislative Session
Sponsored By
GOTTFRIED
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-A9693 (ACTIVE) - Details
2013-A9693 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9693 I N A S S E M B L Y May 16, 2014 ___________ Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to protecting patient health care decisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2999-a-1 to read as follows: S 2999-A-1. PROTECTION OF PATIENT HEALTH CARE DECISIONS. 1. DEFI- NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANING: (A) "PATIENT HEALTH CARE DECISION" MEANS AN INDIVIDUAL'S DECISION (HOWEVER EXPRESSED OR RECORDED) TO CONSENT TO, REFUSE CONSENT TO, WITH- DRAW CONSENT TO, OR DEMAND ANY HEALTH CARE SERVICE OR TREATMENT OR HEALTH CARE RESEARCH TO BE PROVIDED TO OR PARTICIPATED IN BY THE INDI- VIDUAL, WHICH A HEALTH CARE PROVIDER IS LEGALLY REQUIRED TO ADHERE TO OR ACCOMMODATE, AND OF WHICH THE HEALTH CARE PROVIDER KNOWS OR REASONABLY SHOULD KNOW. (B) "PATIENT" MEANS THE INDIVIDUAL WHO IS OR WOULD BE THE RECIPIENT OF THE HEALTH CARE SERVICE OR TREATMENT OR THE SUBJECT OF THE HEALTH CARE RESEARCH. WHERE A PATIENT LACKS CAPACITY TO MAKE A PATIENT HEALTH CARE DECISION AND AN INDIVIDUAL WHO HAS LEGAL AUTHORITY TO DO SO LAWFULLY MAKES THE PATIENT HEALTH CARE DECISION, THE PATIENT HEALTH CARE DECISION SHALL BE DEEMED, FOR PURPOSES OF THIS SECTION, TO BE THE PATIENT HEALTH CARE DECISION OF THE PATIENT. (C) "HEALTH CARE" INCLUDES BOTH PHYSICAL AND MENTAL HEALTH CARE. (D) "HEALTH CARE PROVIDER" MEANS AN INDIVIDUAL OR ENTITY LEGALLY AUTHORIZED TO PROVIDE A HEALTH CARE SERVICE OR TREATMENT OR ENGAGE IN HEALTH CARE RESEARCH. 2. IN A JUDICIAL OR ADMINISTRATIVE ACTION OR PROCEEDING RELATING TO A HEALTH CARE PROVIDER'S FAILURE OR REFUSAL TO ADHERE TO OR ACCOMMODATE A PATIENT'S PATIENT HEALTH CARE DECISION: (A) THE ACTION OR PROCEEDING SHALL NOT BE BARRED BECAUSE THE HEALTH CARE SERVICE OR TREATMENT OR HEALTH CARE RESEARCH (I) DID NOT CAUSE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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