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 - Details

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

S7152 - Summary

Relates to orders not to resuscitate.

S7152 - Sponsor Memo

S7152 - Bill Text download pdf

                    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 Article 29-B of the public health law is REPEALED.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

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