senate Bill S7152

2013-2014 Legislative Session

Relates to orders not to resuscitate; repealer

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 01, 2014 referred to health

S7152 - Bill Details

See Assembly Version of this Bill:
A9548
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Rpld Art 29-B, amd §§2994-b, 2994-cc & 2994-ff, Pub Health L

S7152 - Bill Texts

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Relates to orders not to resuscitate.

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BILL NUMBER:S7152

TITLE OF BILL: 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 facilities

PURPOSE OF GENERAL IDEA OF BILL:

This is one of a series of seven bills, informally referred to as the
"Surrogate Decision-Making Improvement Acts." The bills make
technical/minor, clarifying and coordinating amendments and other
improvements to the NYS laws that govern health care decisions,
including life-sustaining treatment decisions, for patients who lack
decision-making capacity. The SDMIAs address these topics:

*SDMIA 1 Technical / Minor Amendments

*SDMIA 2 Repeals PHL Art. 29-B Orders Not to Resuscitate for Patients
in Mental Hygiene Facilities

*SDMIA 3 Determining Patient Incapacity

*SDMIA 4 Decisions by a Health Care Agent About Artificial Nutrition
and Hydration

*SDMIA 5 Confirm the Primacy of a Patient's Clear Prior Decision

*SDMIA 6 Restore Medical Futility as a Basis for a DNR Order

*SDMIA 7 Life-Sustaining Treatment Decisions for Developmentally
Disabled Persons

This bill, SDMIA 2 repeals PHL Art. 29-B Orders Not to Resuscitate for
Patients in Mental Hygiene Facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 repeals Public Health Law Article 29-B.

Section 2 amends § 2994-b to add subdivision 1-a to make the FHCDA
applicable to decisions regarding orders not to resuscitate for a
patient in an OMH licensed psychiatric hospitals and psychiatric units
of general hospitals.

Section 3 amends PHL § 2994-cc.5 to delete a reference to PHL Article
29-B. Section 4 amends PHL § 2994-ff to delete a reference to PHL
Article 29-B. Section 5 sets forth the effective date.

JUSTIFICATION:

This bill repeals PHL Art 29-B Orders Not To Resuscitate For Residents
Of Mental Hygiene Facilities.

Prior to 2010, PHL Art. 29-B governed DNR orders in hospitals, nursing
homes, mental hygiene facilities and elsewhere. Ch. 8, L. 2010 (i)
replaced the DNR Law with the FHCDA in hospitals and nursing homes,


(ii) amended PHL Art. 29-B to make it applicable only to residents of
mental hygiene facilities, i.e., psychiatric hospitals, psychiatric
units of general hospitals, and OPWDD operated developmental centers,
and (iii) created PHL Art. 29-CCC - Nonhospital Orders Not To
Resuscitate, to cover all other settings.

It soon became clear that there is no need for a separate DNR law for
residents of mental hygiene facilities. First, DNR orders for
residents of OPWDD-operated developmental centers were already
governed by SCPA § 1750-b, making PHL Art. 29-B redundant. Second, DNR
orders in psychiatric hospitals and general hospital mental health
units were more appropriately governed by the provisions in the FHCDA.
Moreover variations in DNR procedures and standards - especially
between the procedures and standards in hospital medical units and
hospital mental health units have become a source of confusion and
complexity.

Accordingly section 1 of this bill repeals PHL Art. 29-B. Related
amendments in this bill provide that DNR decisions for patients in
psychiatric hospitals and units are governed by the FHCDA and confirm
that DNR decisions for all persons with developmental disabilities are
governed by SCPA 1750-b (§§ 2 - 4).

PRIOR LEGISLATIVE HISTORY:

S.5321 (Sen. Hannon) (2013)/ A.7371 (M. of A. Gottfried)(2013)
included all of these provisions, as well as other provisions.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

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

                                  7152

                            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
  facilities

  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
SECTION.
  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.
                                                           LBD13615-02-4

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.

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