Senate Bill S4684

2021-2022 Legislative Session

Relates to orders not to resuscitate; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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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2021-S4684 (ACTIVE) - Details

See Assembly Version of this Bill:
A5508
Current Committee:
Senate Health
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
2019-2020: S5762, A7172
2023-2024: S2930, A4332

2021-S4684 (ACTIVE) - Summary

Changes the controlling law for orders not to resuscitate for residents of mental hygiene facilities.

2021-S4684 (ACTIVE) - Sponsor Memo

2021-S4684 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4684
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 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 Article 29-B of the public health law is REPEALED.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 708 of the laws  of  2019,  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.
              

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