senate Bill S4791

2015-2016 Legislative Session

Relates to health care agents, decisions under the family care decisions act and nonhospital orders not to resuscitate

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 04, 2015 recommit, enacting clause stricken
Apr 17, 2015 referred to health

S4791 (ACTIVE) - Details

See Assembly Version of this Bill:
A6936
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally
Versions Introduced in 2013-2014 Legislative Session:
S7151, A9647

S4791 (ACTIVE) - Summary

Relates to health care agents and proxies, decisions under the family health care decisions act and non-hospital orders not to resuscitate.

S4791 (ACTIVE) - Sponsor Memo

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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