S T A T E O F N E W Y O R K
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2316
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
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Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to the establishment
of a registry system for medical orders for life-sustaining treatment
(MOLST)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2994-dd of the public health law is amended by
adding a new subdivision 7 to read as follows:
7. MEDICAL ORDERS FOR LIFE-SUSTAINING TREATMENT (MOLST) MEANS MEDICAL
ORDERS TO PROVIDE, WITHHOLD OR WITHDRAW LIFE-SUSTAINING TREATMENT. THE
MOLST FORM IS THE ALTERNATIVE FORM AUTHORIZED BY THE COMMISSIONER UNDER
SUBDIVISION FIVE OF THIS SECTION. THE MOLST FORM AND GUIDANCE AND CHECK-
LISTS FOR USING THE MOLST FORM FOR ANY PATIENT IN ANY SETTING SHALL BE
POSTED ON THE DEPARTMENT'S WEBSITE.
§ 2. Section 2994-dd of the public health law is amended by adding
four new subdivisions 8, 9, 10 and 11 to read as follows:
8. ESTABLISHMENT OF SYSTEM. (A) THE DEPARTMENT OR THE DEPARTMENT'S
DESIGNEE SHALL, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,
ESTABLISH AND MAINTAIN AN ELECTRONIC SYSTEM FOR COLLECTING, MAINTAINING,
AND TRANSMITTING MOLST FORMS AUTHORIZED UNDER SUBDIVISION SIX OF THIS
SECTION, TO BE KNOWN AS THE NEW YORK STATE EMOLST REGISTRY.
(B) THE REGISTRY SHALL BE DESIGNED TO ACCEPT PHYSICIAN ORDER FORM
DOH-5003 MOLST AND THE ELECTRONIC VERSION OF DOH-5003 MOLST ("EMOLST")
COMPLETED BY A LICENSED PHYSICIAN.
(C) THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT SUCH PROTOCOLS AS ARE
REASONABLY NECESSARY TO ENSURE THAT INFORMATION TRANSMITTED AND
CONTAINED IN THE REGISTRY IS MAINTAINED IN A SECURE AND CONFIDENTIAL
MANNER AND IS ACCESSIBLE ONLY BY USERS DESIGNATED BY THE DEPARTMENT AND
AVAILABLE IN AN EMERGENCY. SUCH PROTOCOLS SHALL INCLUDE A MECHANISM TO
MONITOR AND RECORD ACCESS TO THE REGISTRY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00925-01-7
A. 2316 2
9. DUTY TO SUBMIT TO REGISTRY. ANY HEALTH CARE PROVIDER WHO COMPLETES
AND SIGNS A MEDICAL ORDER FORM DOH-5003 MOLST OR THE ELECTRONIC VERSION
OF DOH-5003 MOLST ("EMOLST") SHALL SUBMIT A COPY OF THE COMPLETED MOLST
FORM TO THE EMOLST REGISTRY WITHIN FOURTEEN DAYS OF COMPLETION OF SUCH
FORM IN ACCORDANCE WITH PROTOCOLS ESTABLISHED BY THE DEPARTMENT.
10. OPERATION OF THE REGISTRY ESTABLISHED BY THIS SECTION SHALL NOT BE
FUNDED, IN WHOLE OR IN PART, BY FEES IMPOSED SPECIFICALLY FOR SUCH
PURPOSES UPON PRACTITIONERS OR PATIENTS USING MOLST.
11. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
§ 3. This act shall take effect immediately; provided, however,
section two of this act shall take effect on the first of April next
succeeding the date on which it shall have become a law.