Assembly Actions -
Senate Actions - UPPERCASE
|May 04, 2015||
recommit, enacting clause stricken
|Apr 17, 2015||
referred to health
Senate Bill S4791
2015-2016 Legislative Session
Archive: Last Bill Status - Stricken
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S4791 (ACTIVE) - Details
2015-S4791 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4791 TITLE OF BILL: An act to amend the public health law, in relation to making technical, minor and coordinating amendments regarding health care agents and proxies, decisions under the family health care decisions act, and nonhospital orders not to resuscitate PURPOSE: 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 Family Health Care Decisions Act (FHCDA) (Ch. 8, Laws of 2010) and other laws that govern health care decisions, including life-sustaining treatment decisions, for patients who lack decision-making capacity. This bill makes technical changes to the FHCDA and other laws. SUMMARY OF PROVISIONS: 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
2015-S4791 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4791 2015-2016 Regular Sessions I N S E N A T E April 17, 2015 ___________ 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 making technical, minor and coordinating amendments regarding health care agents and proxies, decisions under the family health care decisions act, and nonhospital orders not to resuscitate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4 and 10 of section 2980 of the public health law, subdivision 4 as added by chapter 752 of the laws of 1990, subdivi- sion 10 as amended by chapter 23 of the laws of 1994, are amended to read as follows: 4. "Health care" means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. PROVIDING NUTRI- TION OR HYDRATION ORALLY, WITHOUT RELIANCE ON MEDICAL TREATMENT, IS NOT HEALTH CARE UNDER THIS ARTICLE AND IS NOT SUBJECT TO THIS ARTICLE. 10. "Mental hygiene facility" means a residential facility, excluding family care homes, operated or licensed by the office of mental health or the office [of mental retardation and] FOR PEOPLE WITH developmental disabilities. S 2. Paragraph (b) of subdivision 1 of section 2981 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows: (b) For the purposes of this section, every adult shall be presumed competent to appoint a health care agent unless such person has been adjudged incompetent or otherwise adjudged not competent to appoint a health care agent, or unless a [committee or] guardian of the person has been appointed for the adult pursuant to article [seventy-eight] EIGHT- Y-ONE of the mental hygiene law or article seventeen-A of the surro- gate's court procedure act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08687-01-5
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