S T A T E O F N E W Y O R K
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 orders not to
resuscitate; and to repeal article 29-B of the public health law
relating to orders not to resuscitate for residents of mental hygiene
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 29-B of the public health law is REPEALED.
S 2. Section 2994-b of the public health law is amended by adding a
new subdivision 1-a to read as follows:
1-A. THIS ARTICLE SHALL ALSO APPLY TO DECISIONS REGARDING ORDERS NOT
TO RESUSCITATE FOR A PATIENT WHO LACKS DECISION-MAKING CAPACITY IN A
HOSPITAL AS DEFINED BY SECTION 1.03 OF THE MENTAL HYGIENE LAW.
S 3. Subdivision 5 of section 2994-cc of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
5. Consent by a patient or a surrogate for a patient [in a mental
hygiene facility shall be governed by article twenty-nine-B of this
chapter] IN A FACILITY OPERATED OR LICENSED BY THE OFFICE OF MENTAL
HEALTH SHALL BE GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS
INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
S 4. Section 2994-ff of the public health law, as added by chapter 8
of the laws of 2010, is amended to read as follows:
S 2994-ff. Interinstitutional transfer. If a patient with a nonhospi-
tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL
PATIENT WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A HOSPITAL
TO A DIFFERENT HOSPITAL, the order shall be treated as an order not to
resuscitate for a patient transferred from another hospital, and shall
be governed by [article twenty-nine-CC of this chapter, except that any
such order for a patient admitted to a mental hygiene facility shall be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 7152 2
governed by article twenty-nine-B] SECTION TWENTY-NINE HUNDRED
NINETY-FOUR-L of this chapter.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.