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Assembly Bill A7928

2017-2018 Legislative Session

Relates to allowing a person having a lawful order of custody of a child to make medical decisions for such child

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2017-A7928 (ACTIVE) - Details

See Senate Version of this Bill:
S6015
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §657, Fam Ct Act; amd §2504, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A1239, S3248

2017-A7928 (ACTIVE) - Summary

Relates to allowing a person having a lawful order of custody of a child to make medical decisions for such child.

2017-A7928 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7928
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2017
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend  the  family  court act and the public health law, in
   relation to allowing a person having a lawful order of  custody  of  a
   child to make medical decisions for such child

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 657 of the family court act,  as
 added  by  section  5  of  part  F of chapter 58 of the laws of 2010, is
 amended to read as follows:
   (c) Notwithstanding any  other  provision  of  law  to  the  contrary,
 persons  possessing a lawful order of guardianship OR CUSTODY of a child
 shall have the right and responsibility  to  make  decisions,  including
 issuing any necessary consents, regarding the child's protection, educa-
 tion,  care  and  control,  health  and  medical needs, and the physical
 custody of the person of the child. Provided, however, that  nothing  in
 this  subdivision  shall be construed to limit the ability of a child to
 consent to his or her own medical care as may be otherwise  provided  by
 law.
   §  2. Subdivision 4 of section 2504 of the public health law, as added
 by chapter 769 of the laws of 1972 and as renumbered by chapter  976  of
 the laws of 1984, is amended to read as follows:
   4.  Medical,  dental,  health and hospital services may be rendered to
 persons of any age without the consent of a parent [or], legal  guardian
 OR  PERSON POSSESSING A LAWFUL ORDER OF CUSTODY when, in the physician's
 judgment an emergency exists and the person  is  in  immediate  need  of
 medical attention and an attempt to secure consent would result in delay
 of  treatment  which  would  increase  the  risk to the person's life or
 health.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11657-02-7

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