senate Bill S5327

2021-2022 Legislative Session

Relates to health care agents and proxies, decisions under the family health care decisions act and non hospital orders not to resuscitate

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (5)
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

Votes

view votes

May 11, 2021 - Health committee Vote

S5327
10
2
committee
10
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: May 11, 2021

nay (2)
aye wr (3)

S5327 (ACTIVE) - Details

See Assembly Version of this Bill:
A175
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally
Versions Introduced in 2019-2020 Legislative Session:
S5940, A5973

S5327 (ACTIVE) - Summary

Makes 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.

S5327 (ACTIVE) - Sponsor Memo

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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