senate Bill S7151A

2013-2014 Legislative Session

Relates to health care agents, decisions under the family care decisions act and non-hospital orders not to resuscitate

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Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 print number 7151a
amend and recommit to health
May 01, 2014 referred to health

S7151 - Details

See Assembly Version of this Bill:
A9647A
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally

S7151 - Summary

Relates to health care agents and proxies, decisions under the family health care decisions act and non-hospital orders not to resuscitate.

S7151 - Sponsor Memo

S7151 - Bill Text download pdf

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

                                  7151

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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 making  technical,
  minor  and  coordinating  amendments  regarding health care agents and
  proxies, decisions under the family health  care  decisions  act,  and
  non-hospital orders not to resuscitate

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

  Section 1. Subdivisions 4 and 10 of section 2980 of the public  health
law, subdivision 4 as added by chapter 752 of the laws of 1990, subdivi-
sion  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, LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL  SOCIAL
WORKER, LICENSED OR CERTIFIED PURSUANT TO THE EDUCATION LAW ACTING WITH-
IN HIS OR HER SCOPE OF PRACTICE.
  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.
  S 2. Paragraph (b) of subdivision 1 of  section  2981  of  the  public
health  law,  as added by chapter 752 of the laws of 1990, is amended to
read as follows:
  (b) For the purposes of this section, every adult  shall  be  presumed
competent  to  appoint  a  health care agent unless such person has been
adjudged incompetent or otherwise adjudged not competent  to  appoint  a
health care agent, or unless a [committee or] guardian of the person has
been  appointed for the adult pursuant to article [seventy-eight] EIGHT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13618-01-4

S7151A (ACTIVE) - Details

See Assembly Version of this Bill:
A9647A
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally

S7151A (ACTIVE) - Summary

Relates to health care agents and proxies, decisions under the family health care decisions act and non-hospital orders not to resuscitate.

S7151A (ACTIVE) - Sponsor Memo

S7151A (ACTIVE) - Bill Text download pdf

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

                                 7151--A

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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 making technical,
  minor and coordinating amendments regarding  health  care  agents  and
  proxies,  decisions  under  the  family health care decisions act, and
  non-hospital orders not to resuscitate

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

  Section  1. Subdivisions 4 and 10 of section 2980 of the public health
law, subdivision 4 as added by chapter 752 of the laws of 1990, subdivi-
sion 10 as amended by chapter 23 of the laws of  1994,  are  amended  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.
  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.
  S 2. Paragraph (b) of subdivision 1 of  section  2981  of  the  public
health  law,  as added by chapter 752 of the laws of 1990, is amended to
read as follows:
  (b) For the purposes of this section, every adult  shall  be  presumed
competent  to  appoint  a  health care agent unless such person has been
adjudged incompetent or otherwise adjudged not competent  to  appoint  a
health care agent, or unless a [committee or] guardian of the person has
been  appointed for the adult pursuant to article [seventy-eight] EIGHT-
Y-ONE of the mental hygiene law or article  seventeen-A  of  the  surro-
gate's court procedure act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13618-04-4

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