Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to health returned to senate died in assembly |
Jun 13, 2013 |
referred to health delivered to assembly passed senate |
Jun 12, 2013 |
ordered to third reading cal.1322 committee discharged and committed to rules |
Jan 24, 2013 |
referred to health |
Senate Bill S2908
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S2908 (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd ยงยง2981 & 2983, Pub Health L
- Versions Introduced in 2011-2012 Legislative Session:
-
S5014
2013-S2908 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2908 TITLE OF BILL: An act to amend the public health law, in relation to the authority of an agent to act outside a hospital setting to make certain decisions regarding the transport of the principal to a partic- ular medical setting when such principal is unconscious or unresponsive PURPOSE: To remove the prerequisite of an attending physician to deter- mine the principal's decisional incapacity when the principal is outside a hospital, mental hygiene facility or residential health care facility and authorize the agent to make decisions for transport to a particular hospital, mental hygiene facility or residential health care facility when the principal is unconscious or unresponsive and there is no major medical trauma. SUMMARY OF PROVISIONS: Section 1 amends section 2981 of the public health law's to allow a health care agent's authority to commence if the principle is not found within a hospital, mental hygiene facility or residential health care facility and is in an unconscious or unresponsive state. Section 2 amends section 2982 of the public health law to allow health care agents to make decisions on behalf of principals, limited to place- ment in a hospital, mental hygiene facility, residential health care facility or the choice of provider, when the principal is unconscious or
2013-S2908 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2908 2013-2014 Regular Sessions I N S E N A T E January 24, 2013 ___________ Introduced by Sen. DeFRANCISCO -- 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 the authority of an agent to act outside a hospital setting to make certain decisions regarding the transport of the principal to a particular medical setting when such principal is unconscious or unresponsive THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 2981 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows: 4. Commencement of agent's authority. The agent's authority shall commence upon a determination, made pursuant to subdivision one of section two thousand nine hundred eighty-three of this article, that the principal lacks capacity to make health care decisions OR IF THE PRINCI- PAL IS NOT FOUND WITHIN A HOSPITAL, MENTAL HYGIENE FACILITY OR RESIDEN- TIAL HEALTH CARE FACILITY AND IS IN AN UNCONSCIOUS OR UNRESPONSIVE STATE. S 2. Paragraph (a) of subdivision 1 of section 2983 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows: (a) A 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 regarding the cause and nature of the principal's incapacity as well as its extent and prob- able 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 determination 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. NO DETERMINATION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06391-01-3
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