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Assembly Bill A1023

2015-2016 Legislative Session

Relates to orders not to resuscitate; repealer

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Archive: Last Bill Status - In Assembly Committee

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2015-A1023 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Rpld Art 29-B, amd ยงยง2994-b, 2994-cc & 2994-ff, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9548
2017-2018: A851
2019-2020: A7172
2021-2022: A5508
2023-2024: A4332

2015-A1023 (ACTIVE) - Summary

Relates to orders not to resuscitate.

2015-A1023 (ACTIVE) - Bill Text download pdf 

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

                                  1023

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M. of A. GUNTHER, GOTTFRIED -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law, in  relation  to  orders  not  to
  resuscitate;  and  to  repeal  article  29-B  of the public health law
  relating to orders not to resuscitate for residents of mental  hygiene
  facilities

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

  Section 1. Article 29-B of the public health law is REPEALED.
  S 2. Section 2994-b of the public health law is amended  by  adding  a
new subdivision 1-a to read as follows:
  1-A.  THIS  ARTICLE SHALL ALSO APPLY TO DECISIONS REGARDING ORDERS NOT
TO RESUSCITATE FOR A PATIENT WHO LACKS  DECISION-MAKING  CAPACITY  IN  A
HOSPITAL AS DEFINED BY SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  S  3.  Subdivision  5  of section 2994-cc of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
hygiene  facility  shall  be  governed  by article twenty-nine-B of this
chapter] IN A FACILITY OPERATED OR LICENSED  BY  THE  OFFICE  OF  MENTAL
HEALTH  SHALL  BE  GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS
INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
SECTION.
  S 4. Section 2994-ff of the public health law, as added by  chapter  8
of the laws of 2010, is amended to read as follows:
  S  2994-ff. Interinstitutional transfer. If a patient with a nonhospi-
tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL
PATIENT WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A  HOSPITAL
TO  A  DIFFERENT HOSPITAL, the order shall be treated as an order not to
resuscitate for a patient transferred from another hospital,  and  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02198-01-5

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