Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Mar 04, 2024 |
advanced to third reading |
Feb 28, 2024 |
2nd report cal. |
Feb 27, 2024 |
1st report cal.559 |
Jan 03, 2024 |
referred to health returned to senate died in assembly |
May 10, 2023 |
referred to health delivered to assembly passed senate |
May 01, 2023 |
advanced to third reading |
Apr 26, 2023 |
2nd report cal. |
Apr 25, 2023 |
1st report cal.687 |
Jan 25, 2023 |
referred to health |
Senate Bill S2894
2023-2024 Legislative Session
Sponsored By
(D, WF) 33rd Senate District
Current Bill Status - On Floor Calendar
- 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
Actions
Votes
2023-S2894 (ACTIVE) - Details
2023-S2894 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2894 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: Restores medical futility as a basis for do not resuscitate orders. SUMMARY OF SPECIFIC PROVISIONS: Section 1 describes the intention of the legislation which is to rees- tablish the basis for do not resuscitate orders based on medical futili- ty. Section 2 amends subparagraphs (i) and (ii) of paragraph (a) of subdivi- sion 5 of section 2994-d as it relates to orders not to resuscitate.
2023-S2894 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2894 2023-2024 Regular Sessions I N S E N A T E January 25, 2023 ___________ 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. LBD05246-01-3 S. 2894 2
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