senate Bill S7153

2013-2014 Legislative Session

Relates to conforming and improving the process for determining incapacity

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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

S7153 - Details

See Assembly Version of this Bill:
A9671
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 - Summary

Relates to conforming and improving the process for determining incapacity.

S7153 - Sponsor Memo

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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