|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|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.1038|
|Mar 02, 2021||referred to health|
senate Bill S5327
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5327 (ACTIVE) - Details
S5327 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5327 SPONSOR: RIVERA TITLE OF BILL: An act to amend the public health law, in relation to making technical, minor and coordinating amendments regarding health care agents and prox- ies, decisions under the family health care decisions act, and nonhospi- tal orders not to resuscitate PURPOSE OF 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, including life-sustaining treatment decisions, for patients who lack decision-making capacity. This bill makes technical changes to the FHCDA and other laws. SUMMARY OF SPECIFIC PROVISIONS:
S5327 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5327 2021-2022 Regular Sessions I N S E N A T E March 2, 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 making technical, minor and coordinating amendments regarding health care agents and proxies, decisions under the family health care decisions act, and nonhospital orders not to resuscitate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 2981 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows: (b) For the purposes of this section, every adult shall be presumed competent to appoint a health care agent unless such person has been adjudged incompetent or otherwise adjudged not competent to appoint a health care agent, or unless a [committee or] guardian of the person has been appointed for the adult pursuant to article [seventy-eight] EIGHT- Y-ONE of the mental hygiene law or article seventeen-A of the surro- gate's court procedure act. § 2. Subdivision 2 of section 2982 of the public health law, as amended by chapter 230 of the laws of 2004, is amended to read as follows: 2. Decision-making standard. After consultation with a licensed physi- cian, registered nurse, PHYSICIAN ASSISTANT, NURSE PRACTITIONER, licensed psychologist, licensed master social worker, or a licensed clinical social worker, the agent shall make health care decisions: (a) in accordance with the principal's wishes, including the principal's religious and moral beliefs; or (b) if the principal's wishes are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the principal's best interests; provided, however, that if the principal's wishes regarding the administration of artificial nutrition and hydration are not reasonably known and cannot with reason- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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