senate Bill S2908

2013-2014 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

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
returned to senate
died in assembly
Jun 13, 2013 referred to health
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1322
committee discharged and committed to rules
Jan 24, 2013 referred to health

Votes

view votes

Jun 17, 2013 - Rules committee Vote

S2908
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S2908
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S2908 - Details

Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2981 & 2983, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S5014A

S2908 - 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.

S2908 - Sponsor Memo

S2908 - Bill Text download pdf

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

                                  2908

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

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.    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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06391-01-3

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