senate Bill S4796

2015-2016 Legislative Session

Relates to restoring medical futility as a basis for DNR

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

S4796 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2994-d & 2994-g, Pub Health L; amd §1750-b, SCPA
Versions Introduced in Other Legislative Sessions:
2013-2014: S7156, A9648
2017-2018: A3991
2019-2020: A1203
2021-2022: A204
2023-2024: A7178

S4796 (ACTIVE) - Summary

Relates to restoring medical futility as a basis for DNR.

S4796 (ACTIVE) - Sponsor Memo

S4796 (ACTIVE) - Bill Text download pdf

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


                       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 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


  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  In  2010,  the former DNR law was superseded by the Family Health Care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

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


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