Assembly Bill A6966

2015-2016 Legislative Session

Relates to restoring medical futility as a basis for DNR

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2015-A6966 (ACTIVE) - Details

Current Committee:
Assembly Health
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: A9648
2017-2018: A3991
2019-2020: A1203
2021-2022: A204
2023-2024: A7178

2015-A6966 (ACTIVE) - Summary

Relates to restoring medical futility as a basis for DNR.

2015-A6966 (ACTIVE) - Bill Text download pdf

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

                                  6966

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 15, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred 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

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

  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.
                                                           LBD10419-01-5

              

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