senate Bill S7156A

2013-2014 Legislative Session

Authorizes the issuance of an order not to resuscitate in cases of medical futility

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 print number 7156a
amend and recommit to health
May 01, 2014 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S7156 - Details

See Assembly Version of this Bill:
A9648
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2994-d & 2994-g, Pub Health L; amd §1750-b, SCPA

S7156 - Summary

Relates to restoring medical futility as a basis for DNR.

S7156 - Sponsor Memo

S7156 - Bill Text download pdf

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

                                  7156

                            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 restoring medical futility as a basis for
  both surrogate consent to a do not resuscitate order and for a do  not
  resuscitate order for a patient without a surrogate

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. Under New York's former do not resus-
citate (hereinafter referred to in this section as "DNR")  law,  article
29-B  of the public health law, a surrogate could consent to a DNR order
if the patient met any one of four clinical criteria, one of which was a
finding by two physicians that  resuscitation  was  "medically  futile",
which  was  defined  to mean that resuscitation "will be unsuccessful in
restoring cardiac and respiratory function  or  that  the  patient  will
experience  repeated arrest in a short time period before death occurs".
The former DNR law also allowed a DNR order to be entered for a  patient
who  did  not  have  a  surrogate on that basis. That law applied to all
patients, including developmentally disabled patients.
  In 2010, the former DNR law was superseded by the family  health  care
decisions act (hereinafter referred to in this section as "FHCDA") which
established standards for the withdrawal or withholding of a broad range
of  life-sustaining  treatments.  Accordingly,  the FHCDA did not have a
standard specifically relating to medically futile resuscitation.  Simi-
larly, section 1750-b of the surrogate's court procedure act (hereinaft-
er  referred  to  in  this  section  as "SCPA") does not have a standard
specifically relating to medically  futile  resuscitation  for  develop-
mentally disabled patients.
  The legislature finds that the broader FHCDA and section 1750-b of the
SCPA  standards  are  difficult to apply to situations in which resusci-
tation would be medically futile. Accordingly, this  bill  restores  the
former  DNR  law's medical futility standard as an alternative basis for
writing a DNR order under the FHCDA and  under  section  1750-b  of  the
SCPA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S7156A (ACTIVE) - Details

See Assembly Version of this Bill:
A9648
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2994-d & 2994-g, Pub Health L; amd §1750-b, SCPA

S7156A (ACTIVE) - Summary

Relates to restoring medical futility as a basis for DNR.

S7156A (ACTIVE) - Sponsor Memo

S7156A (ACTIVE) - Bill Text download pdf

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

                                 7156--A

                            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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law and the surrogate's court proce-
  dure act, in relation to restoring medical futility  as  a  basis  for
  both  surrogate consent to a do not resuscitate order and for a do not
  resuscitate order for a patient without a surrogate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. Under New York's former do not resus-
citate (hereinafter "DNR") law, article 29-B of the public health law, a
surrogate  could  consent  to  a DNR order if the patient met any one of
four clinical criteria, one of which was a  finding  by  two  physicians
that  resuscitation  was  "medically  futile," which was defined to mean
that resuscitation  "will  be  unsuccessful  in  restoring  cardiac  and
respiratory function or that the patient will experience repeated arrest
in  a  short  time  period before death occurs." The former DNR law also
allowed a DNR order to be entered for a  patient  who  did  not  have  a
surrogate  on  that  basis.  That law applied to all patients, including
developmentally disabled patients.
  In 2010, the former DNR law was superseded by the Family  Health  Care
Decisions  Act (hereinafter "FHCDA") which established standards for the
withdrawal or withholding of a broad  range  of  life-sustaining  treat-
ments.  Accordingly,  the  FHCDA  did  not  have a standard specifically
relating to medically futile resuscitation. Similarly, Surrogate's Court
Procedure Act (hereinafter "SPCA") S1750-b  does  not  have  a  standard
specifically  relating  to  medically  futile resuscitation for develop-
mentally disabled patients.
  The legislature finds that the broader FHCDA and SPCA  S1750-b  stand-
ards  are  difficult to apply to situations in which resuscitation would
be medically futile. Accordingly, this  bill  restores  the  former  DNR
law's  medical  futility  standard as an alternative basis for writing a
DNR order under the FHCDA and under SCPA S1750-b.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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