Assembly Bill A8536

Signed By Governor
2023-2024 Legislative Session

Relates to orders not to resuscitate

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • 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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2023-A8536 (ACTIVE) - Details

See Senate Version of this Bill:
S8009
Law Section:
Public Health Law
Laws Affected:
Amd §§2994-b, 2994-c, 2994-l & 2994-cc, Pub Health L (as proposed in S.2930 & A.4332); amd §1750-b, SCPA

2023-A8536 (ACTIVE) - Summary

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

2023-A8536 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8536
 
                           I N  A S S E M B L Y
 
                              January 8, 2024
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law and the surrogate's  court  proce-
   dure act, in relation to orders not to resuscitate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subdivision 3 of section 2994-b of
 the public health law, as amended by chapter 479 of the laws of 2022, is
 amended to read as follows:
   Prior to seeking or relying upon a health care decision by a surrogate
 for a patient under this article,  if  the  attending  practitioner  has
 reason  to  believe that the patient has a history of receiving services
 for [a] AN  INTELLECTUAL  OR  developmental  disability;  it  reasonably
 appears to the attending practitioner that the patient has [a] AN INTEL-
 LECTUAL  OR  developmental  disability; or the practitioner IN A GENERAL
 HOSPITAL has reason to believe that the  patient  has  been  TEMPORARILY
 transferred  from  a mental hygiene facility operated or licensed by the
 office of mental health OR THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES,  then  such  physician,  nurse  practitioner  or physician
 assistant shall make reasonable  efforts  to  determine  whether  [para-
 graphs]  PARAGRAPH (a), (b) or (c) of this subdivision [are] IS applica-
 ble:
   § 2. Paragraph (c) of subdivision 4 of section 2994-c  of  the  public
 health  law,  as  added  by chapter 8 of the laws of 2010, is amended to
 read as follows:
   (c) if the patient IS IN A HOSPITAL AS DEFINED IN SUBDIVISION  TEN  OF
 SECTION  1.03 OF THE MENTAL HYGIENE LAW OR was transferred from a mental
 hygiene facility, to the director of the mental hygiene facility and  to
 the mental hygiene legal service under article forty-seven of the mental
 hygiene law.
   §  3.  Section  2994-l of the public health law, as amended by chapter
 708 of the laws of 2019, is amended to read as follows:
   § 2994-l. Interinstitutional transfers. 1. If a patient with an  order
 to  withhold or withdraw life-sustaining treatment is transferred from a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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