senate Bill S3248

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A1239 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 18, 2019 returned to assembly
passed senate
3rd reading cal.239
substituted for s3248
Mar 18, 2019 substituted by a1239
Mar 13, 2019 advanced to third reading
Mar 12, 2019 2nd report cal.
Mar 11, 2019 1st report cal.239
Feb 05, 2019 referred to children and families

Co-Sponsors

S3248 (ACTIVE) - Details

See Assembly Version of this Bill:
A1239
Law Section:
Family Court Act
Laws Affected:
Amd §657, Fam Ct Act; amd §2504, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
S6015, A7928

S3248 (ACTIVE) - Summary

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

S3248 (ACTIVE) - Sponsor Memo

S3248 (ACTIVE) - Bill Text download pdf


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

                                  3248

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD02780-01-9

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