Assembly Bill A4478

2017-2018 Legislative Session

Relates to conforming and improving the process for determining incapacity

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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2017-A4478 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §§2983, 2994-c, 2994-cc & 2982 - 2984, Pub Health L; amd §1750-b, SCPA
Versions Introduced in Other Legislative Sessions:
2013-2014: A9671
2015-2016: A2036
2019-2020: A4525
2021-2022: A2178
2023-2024: A3616

2017-A4478 (ACTIVE) - Summary

Relates to conforming and improving the process for determining incapacity.

2017-A4478 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4478
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M. of A. PRETLOW, 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  conforming and improving the process for
   determining incapacity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  2,  3, 4, 5, 6 and 7 of section 2983 of the
 public health law are renumbered subdivisions 3, 4, 5, 6, 7 and 8.
   § 2. Subdivision 1 of section 2983 of the public health law, as  added
 by  chapter 752 of the laws of 1990, paragraph (b) as amended by chapter
 23 of the laws of 1994 and paragraph (c) as amended by section 7 of part
 J of chapter 56 of the laws of 2012, is amended to read as follows:
   1. [Determination] INITIAL DETERMINATION by attending physician.  [(a)
 A]  AN  INITIAL  determination  that  a principal lacks capacity to make
 health care decisions shall be made by  the  attending  physician  to  a
 reasonable  degree of medical certainty. The determination shall be made
 in writing and shall contain such attending physician's opinion  regard-
 ing  the  cause  and nature of the principal's incapacity as well as its
 extent and probable duration. The determination shall be included in the
 patient's medical record. [For a decision to withdraw or withhold  life-
 sustaining  treatment,  the  attending  physician who makes the determi-
 nation that a principal lacks capacity to  make  health  care  decisions
 must  consult with another physician to confirm such determination. Such
 consultation shall also be included within the patient's medical record]
 A PHYSICIAN WHO HAS BEEN APPOINTED AS A PATIENT'S AGENT SHALL  NOT  MAKE
 THE  DETERMINATION  OF  THE PATIENT'S CAPACITY TO MAKE HEALTH CARE DECI-
 SIONS.
   2. CONCURRING DETERMINATIONS FOR LIFE-SUSTAINING TREATMENT  DECISIONS.
 FOR  A  DECISION  TO WITHDRAW OR WITHHOLD LIFE-SUSTAINING TREATMENT, THE
 FOLLOWING SHALL APPLY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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