Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 02, 2022 | referred to codes delivered to assembly passed senate |
May 17, 2022 | advanced to third reading |
May 16, 2022 | 2nd report cal. |
May 11, 2022 | 1st report cal.1333 |
Jan 05, 2022 | referred to health |
Jun 10, 2021 | committed to rules |
May 19, 2021 | advanced to third reading |
May 12, 2021 | 2nd report cal. |
May 11, 2021 | 1st report cal.1036 |
Feb 08, 2021 | referred to health |
senate Bill S4685
Sponsored By
Gustavo Rivera
(D, WF) 33rd Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
S4685 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A204
- Current Committee:
- Assembly Codes
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§2994-d & 2994-g, Pub Health L; amd §1750-b, SCPA
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: A9648
2015-2016: A6966
2017-2018: A3991
2019-2020: S5834, A1203
2023-2024: S2894
S4685 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4685 SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law and the surrogate's court proce- dure act, in relation to restoring medical futility as a basis for both surrogate consent to a do not resuscitate order and for a do not resus- citate order for a patient without a surrogate PURPOSE OR GENERAL IDEA OF BILL: This is one of a series of five 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 or 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 restores the medical futility standard from former PHL Art. 29-B as a basis for surrogate consent to a Do Not Resuscitate (DNR)
S4685 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4685 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 and the surrogate's court proce- dure act, in relation to restoring medical futility as a basis for both surrogate consent to a do not resuscitate order and for a do not resuscitate order for a patient without a surrogate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. Under New York's former do not resus- citate (hereinafter "DNR") law, article 29-B of the public health law, a surrogate could consent to a DNR order if the patient met any one of four clinical criteria, one of which was a finding by two physicians that resuscitation was "medically futile," which was defined to mean that resuscitation "will be unsuccessful in restoring cardiac and respiratory function or that the patient will experience repeated arrest in a short time period before death occurs." The former DNR law also allowed a DNR order to be entered for a patient who did not have a surrogate on that basis. That law applied to all patients, including developmentally disabled patients. In 2010, the former DNR law was superseded by the Family Health Care Decisions Act (hereinafter "FHCDA") which established standards for the withdrawal or withholding of a broad range of life-sustaining treat- ments. Accordingly, the FHCDA did not have a standard specifically relating to medically futile resuscitation. Similarly, Surrogate's Court Procedure Act (hereinafter "SPCA") §1750-b does not have a standard specifically relating to medically futile resuscitation for develop- mentally disabled patients. The legislature finds that the broader FHCDA and SPCA §1750-b stand- ards are difficult to apply to situations in which resuscitation would be medically futile. Accordingly, this bill restores the former DNR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00126-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.