|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 01, 2014||referred to health|
senate Bill S7153
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7153 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§2983, 2994-c, 2994-cc, 2982 & 2984, Pub Health L; amd §1750-b, SCPA
S7153 - Sponsor Memo
BILL NUMBER:S7153 TITLE OF BILL: An act to amend the public health law and the surrogate's court procedure act, in relation to conforming and improving the process for determining incapacity PURPOSE OR 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
S7153 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7153 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 and the surrogate's court proce- dure act, in relation to conforming and improving the process for determining incapacity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2, 3, 4, 5, 6 and 7 of section 2983 of the public health law are renumbered subdivisions 3, 4, 5, 6, 7 and 8. S 2. Subdivision 1 of section 2983 of the public health law, as added by chapter 752 of the laws of 1990, paragraph (b) as amended by chapter 23 of the laws of 1994 and paragraph (c) as amended by section 7 of part J of chapter 56 of the laws of 2012, is amended to read as follows: 1. [Determination] INITIAL DETERMINATION by attending physician. [(a) A] AN INITIAL 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 regard- ing the cause and nature of the principal's incapacity as well as its extent and probable 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 determi- nation 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] A PHYSICIAN WHO HAS BEEN APPOINTED AS A PATIENT'S AGENT SHALL NOT MAKE THE DETERMINATION OF THE PATIENT'S CAPACITY TO MAKE HEALTH CARE DECI- SIONS. 2. CONCURRING DETERMINATIONS FOR LIFE-SUSTAINING TREATMENT DECISIONS. FOR A DECISION TO WITHDRAW OR WITHHOLD LIFE-SUSTAINING TREATMENT, THE FOLLOWING SHALL APPLY: (A) THE INITIAL DETERMINATION THAT A PATIENT LACKS CAPACITY SHALL BE SUBJECT TO A CONCURRING DETERMINATION, INDEPENDENTLY MADE BY A HEALTH OR SOCIAL SERVICES PRACTITIONER. A CONCURRING DETERMINATION SHALL INCLUDE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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