NY State Senate Bill 2019-S5762A

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Mar 18, 2020	advanced to third reading
Mar 11, 2020	2nd report cal.
Mar 10, 2020	1st report cal.604
Jan 24, 2020	print number 5762a
Jan 24, 2020	amend and recommit to health
Jan 08, 2020	referred to health
May 14, 2019	referred to health

Votes

- Mar 10, 2020 - Health Committee Vote
  S5762A
  
  Aye
  
  14
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Health Committee Vote: Mar 10, 2020
      
      aye (14)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ortt
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky
      
      excused (1)
      
      Jacobs

Bill Amendments

Original

A (Active)

2019-S5762 - Details

See Assembly Version of this Bill:: A7172
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Rpld Art 29-B, amd §§2994-b, 2994-cc & 2994-ff, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9548
2015-2016: A1023
2017-2018: A851
2021-2022: S4684, A5508
2023-2024: S2930, A4332

2019-S5762 - Summary

Relates to orders not to resuscitate.

2019-S5762 - Sponsor Memo

                                
 
BILL NUMBER: S5762

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the public health law, in relation to
orders not to resuscitate; and to repeal article 29-B of the public
health law relating to orders not to resuscitate for residents of mental
hygiene facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

This is one of a series of seven bills, informally referred to as the
"Surrogate Decision-Making Improvement Acts." The bills make
technical/minor, clarifying and coordinating amendments and other
improvements to the Family Health Care Decisions Act (FHCDA) (Ch. 8,
Laws of 2010) and other laws that govern health care decisions, includ-
ing life-sustaining treatment decisions, for patients who lack deci-
sion-making capacity.

This bill repeals PHL Art. 29-B, Orders Not to Resuscitate for Patients
in Mental Hygiene Facilities, which is now covered by other provisions
of the Public Health Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 repeals Public Health Law Article 29-B (do-not-resuscitate
orders for patients in mental hygiene facilities).

Section 2 amends § 2994-b to add subdivision 1-a to make the FHCDA
applicable to decisions regarding orders not to resuscitate for a
patient in an OMH licensed psychiatric hospitals and psychiatric units
of general hospitals.

Section 3 amends PHL § 2994-cc(5) to delete a reference to PHL Article
29-B. Section 4 amends PHL § 2994-ff to delete a reference to PHL Arti-
cle 29-B. Section 5 sets forth the effective date: ninety days after it
becomes a law.

 
JUSTIFICATION:

This bill repeals PHL Art 29-B Orders Not To Resuscitate For Residents
of Mental Hygiene Facilities.

Prior to 2010, PHL Art. 29-B governed DNR orders in hospitals, nursing
homes, mental hygiene facilities and elsewhere. Ch. 8, L. 2010 (i)
replaced the DNR Law with the FHCDA in hospitals and nursing homes, (ii)
amended PHL Art. 29-B to make it applicable only to residents of mental
hygiene facilities, i.e., psychiatric hospitals, psychiatric units of
general hospitals, and OPWDDoperated developmental centers, and (iii)
created PHL Art. 29-CCC - Nonhospital Orders Not To Resuscitate, to
cover all other settings.

It soon became clear that there is no need for a separate DNR law for
residents of mental hygiene facilities. First, DNR orders for residents
of OPWDD-operated developmental centers were already governed by SCPA §
1750-b, making PHL Art. 29-B redundant. Second, DNR orders in psychiat-
ric hospitals and general hospital mental health units were more appro-
priately governed by the provisions in the FHCDA. Moreover, variations
in DNR procedures and standards especially between the procedures and

standards in hospital medical units and hospital mental health units
have become a source of confusion and complexity.

Accordingly, section 1 of this bill repeals PHL Art. 29-B. Related
amendments in this bill provide that DNR decisions for patients in
psychiatric hospitals and units are governed by the FHCDA and confirm
that DNR decisions for all persons with developmental disabilities are
governed by SCPA 1.750-b (§§ 2 - 4).

 
PRIOR LEGISLATIVE HISTORY:

2015: S 4972 Referred to  Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S5762 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5762
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  orders  not  to
   resuscitate;  and  to  repeal  article  29-B  of the public health law
   relating to orders not to resuscitate for residents of mental  hygiene
   facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 29-B of the public health law is REPEALED.
   § 2. Section 2994-b of the public health law is amended  by  adding  a
 new subdivision 1-a to read as follows:
   1-A.  THIS  ARTICLE SHALL ALSO APPLY TO DECISIONS REGARDING ORDERS NOT
 TO RESUSCITATE FOR A PATIENT WHO LACKS  DECISION-MAKING  CAPACITY  IN  A
 HOSPITAL AS DEFINED BY SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   §  3.  Subdivision  5  of section 2994-cc of the public health law, as
 amended by chapter 430 of the laws  of  2017,  is  amended  to  read  as
 follows:
   5.  Consent  by  a  patient  or a surrogate for a patient [in a mental
 hygiene facility shall be governed  by  article  twenty-nine-B  of  this
 chapter]  IN  A  FACILITY  OPERATED  OR LICENSED BY THE OFFICE OF MENTAL
 HEALTH SHALL BE GOVERNED BY THIS ARTICLE. CONSENT BY A  PATIENT  WHO  IS
 INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
 LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
 FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
 SECTION.
   §  4.  Section 2994-ff of the public health law, as added by chapter 8
 of the laws of 2010, is amended to read as follows:
   § 2994-ff. Interinstitutional transfer. If a patient with a  nonhospi-
 tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL
 PATIENT  WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A HOSPITAL
 TO A DIFFERENT HOSPITAL, the order shall be treated as an order  not  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01154-01-9

 S. 5762                             2
 
 resuscitate  for  a patient transferred from another hospital, and shall
 be governed by [article twenty-nine-CC of this chapter, except that  any
 such  order for a patient admitted to a mental hygiene facility shall be
 governed  by  article twenty-nine-B] SECTION TWENTY-NINE HUNDRED NINETY-
 FOUR-L of this chapter.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

2019-S5762A (ACTIVE) - Details

See Assembly Version of this Bill:: A7172
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Rpld Art 29-B, amd §§2994-b, 2994-cc & 2994-ff, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9548
2015-2016: A1023
2017-2018: A851
2021-2022: S4684, A5508
2023-2024: S2930, A4332

2019-S5762A (ACTIVE) - Summary

Relates to orders not to resuscitate.

2019-S5762A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5762A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to orders not to
resuscitate; and to repeal article 29-B of the public health law relat-
ing to orders not to resuscitate for residents of mental hygiene facili-
ties

 
PURPOSE OR GENERAL IDEA OF BILL:

This is one of a series of seven bills, informally referred to as the
"Surrogate Decision-Making Improvement Acts." The bills make
technical/minor, clarifying and coordinating amendments and other
improvements to the Family Health Care Decisions Act (FHCDA) (Ch. 8,
Laws of 2010) and other laws that govern health care decisions, includ-
ing life-sustaining treatment decisions, for patients who lack deci-
sion-making capacity.

This bill repeals PHL Art. 29-B, Orders Not to Resuscitate for Patients
in Mental Hygiene Facilities, which is now covered by other provisions

of the Public Health Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 repeals Public Health Law Article 29-B (do-not-resuscitate
orders for patients in mental hygiene facilities).

Section 2 amends § 2994-b to add subdivision 1-a to make the FHCDA
applicable to decisions regarding orders not to resuscitate for a
patient in an OMH licensed psychiatric hospitals and psychiatric units
of general hospitals.

Section 3 amends PHL § 2994-cc(5) to delete a reference to PHL Article
29-B. Section 4 amends PHL § 2994-ff to delete a reference to PHL Arti-
cle 29-B. Section 5 sets forth the effective date: ninety days after it
becomes a law.

 
JUSTIFICATION:

This bill repeals PHL Art 29-B Orders Not To Resuscitate. For Residents
of Mental Hygiene Facilities.

Prior to 2010, PHL Art. 29-B governed DNR orders in hospitals, nursing
homes, mental hygiene facilities and elsewhere. Ch. 8, L. 2010 (i)
replaced the DNR Law with the FHCDA in hospitals and nursing homes, (ii)
amended PHL Art. 29-B to make it applicable only to residents of mental
hygiene facilities, i.e., psychiatric hospitals, psychiatric units of
general hospitals, and OPWDDoperated developmental centers, and (iii)
created PHL Art. 29-CCC - Nonhospital Orders Not To Resuscitate, to
cover all other settings.

It soon became clear that there is no need for a separate DNR law for
residents of mental hygiene facilities. First, DNR orders for residents
of OPWDD-operated developmental centers were already governed by SCPA §
1750-b, making PHL Art. 29-B redundant. Second, DNR orders in psychiat-
ric hospitals and general hospital mental health units were more appro-
priately governed by the provisions in the FHCDA. Moreover, variations
in DNR procedures and standards especially between the procedures and
standards in hospital medical units and hospital mental health units
have become a source of confusion and complexity.

Accordingly, section 1 of this bill repeals PHL Art. 29-B. Related
amendments in this bill provide that DNR decisions for patients in
psychiatric hospitals and units are governed by the FHCDA and confirm
that DNR decisions for all persons with developmental disabilities are
governed by SCPA 1.750-b (§§ 2 - 4).

 
PRIOR LEGISLATIVE HISTORY:

2015: S 4972 Referred to Health  
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S5762A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5762--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  public health law, in relation to orders not to
   resuscitate; and to repeal article  29-B  of  the  public  health  law
   relating  to orders not to resuscitate for residents of mental hygiene
   facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 29-B of the public health law is REPEALED.
   §  2.  Section  2994-b of the public health law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. THIS ARTICLE SHALL ALSO APPLY TO DECISIONS REGARDING  ORDERS  NOT
 TO  RESUSCITATE  FOR  A  PATIENT WHO LACKS DECISION-MAKING CAPACITY IN A
 HOSPITAL AS DEFINED BY SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 3. Subdivision 5 of section 2994-cc of the  public  health  law,  as
 amended  by  chapter  430  of  the  laws  of 2017, is amended to read as
 follows:
   5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
 hygiene  facility  shall  be  governed  by article twenty-nine-B of this
 chapter] IN A FACILITY OPERATED OR LICENSED  BY  THE  OFFICE  OF  MENTAL
 HEALTH  SHALL  BE  GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS
 INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
 LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
 FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
 SECTION.
   § 4.  Subdivision 5 of section 2994-cc of the public  health  law,  as
 amended  by  chapter  708  of  the  laws  of 2019, is amended to read as
 follows:

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

                                                            LBD01154-03-0

 S. 5762--A                          2
 
   5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
 hygiene  facility  shall  be  governed  by article twenty-nine-B of this
 chapter] IN A FACILITY OPERATED OR LICENSED  BY  THE  OFFICE  OF  MENTAL
 HEALTH  SHALL  BE  GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS
 INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
 LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
 FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
 SECTION.
   §  5.  Section 2994-ff of the public health law, as added by chapter 8
 of the laws of 2010, is amended to read as follows:
   § 2994-ff. Interinstitutional transfer. If a patient with a  nonhospi-
 tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL
 PATIENT  WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A HOSPITAL
 TO A DIFFERENT HOSPITAL, the order shall be treated as an order  not  to
 resuscitate  for  a patient transferred from another hospital, and shall
 be governed by [article twenty-nine-CC of this chapter, except that  any
 such  order for a patient admitted to a mental hygiene facility shall be
 governed by article twenty-nine-B] SECTION TWENTY-NINE  HUNDRED  NINETY-
 FOUR-L of this chapter.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that if chapter 708 of the laws of
 2019 shall not have taken effect on or before  such  date  then  section
 four  of  this  act  shall  take effect on the same date and in the same
 manner as such chapter of the laws of 2019 takes effect.

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Senate Bill S5762A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Mar 10, 2020 - Health Committee Vote

Health Committee Vote: Mar 10, 2020

Bill Amendments

2019-S5762 - Details

2019-S5762 - Summary

2019-S5762 - Sponsor Memo

2019-S5762 - Bill Text download pdf

2019-S5762A (ACTIVE) - Details

2019-S5762A (ACTIVE) - Summary

2019-S5762A (ACTIVE) - Sponsor Memo

2019-S5762A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2019-S5762 - Details

2019-S5762 - Summary

2019-S5762 - Sponsor Memo

2019-S5762 - Bill Text download pdf

2019-S5762A (ACTIVE) - Details

2019-S5762A (ACTIVE) - Summary

2019-S5762A (ACTIVE) - Sponsor Memo

2019-S5762A (ACTIVE) - Bill Text download pdf

Comments