S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8648
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Health
 
 AN  ACT to and the public health law and the surrogate's court procedure
   act, in relation to extending the family health care decisions act  to
   health  care decisions for patients with intellectual or developmental
   disabilities; and to repeal  certain  provisions  of  the  surrogate's
   court procedure act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 2994-b of the public  health  law,
 as  amended by chapter 708 of the laws of 2019, the opening paragraph as
 amended by chapter 40 of the  laws  of  2024,  is  amended  to  read  as
 follows:
   3. Prior to seeking or relying upon a health care decision by a surro-
 gate  for  a  patient under this article, if [the attending practitioner
 has reason to believe that  the  patient  has  a  history  of  receiving
 services  for an intellectual or developmental disability; it reasonably
 appears to the attending practitioner that the patient has an  intellec-
 tual  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  paragraph
 (a), (b) or (c) of this subdivision is applicable:
   (a)  If  the  patient  has a guardian appointed by a court pursuant to
 article seventeen-A of the surrogate's court procedure act, health  care
 decisions for the patient shall be governed by section seventeen hundred
 fifty-b of the surrogate's court procedure act and not by this article.
   (b)  If a patient does not have a guardian appointed by a court pursu-
 ant to article seventeen-A of the surrogate's court  procedure  act  but

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13049-01-5
              

 A. 8648                             2

 falls within the class of persons described in paragraph (a) of subdivi-
 sion  one of section seventeen hundred fifty-b of such act, decisions to
 withdraw or withhold life-sustaining treatment for the patient shall  be
 governed  by  section seventeen hundred fifty-b of the surrogate's court
 procedure act and not by this article.
   (c) If a health care decision for a patient cannot be made under para-
 graphs (a) or (b) of this subdivision, but] AND  THAT  consent  for  the
 decision  may  be  provided  pursuant to the mental hygiene law or regu-
 lations of the office of mental health [or the office  for  people  with
 developmental disabilities], then the decision shall be governed by such
 statute or regulations and not by this article.
   §  2.  Subdivision  1  and  paragraph  (a) of subdivision 4 of section
 2994-c of the public health law, as added by chapter 8 of  the  laws  of
 2010, are amended to read as follows:
   1.  Presumption of capacity. For purposes of this article, every adult
 shall be presumed to have decision-making capacity unless:
   (A) determined otherwise pursuant to this section or pursuant to court
 order[,]; or [unless]
   (B) a guardian is authorized to decide about health care for the adult
 pursuant to article eighty-one of the mental hygiene law; OR
   (C) A GUARDIAN HAS BEEN APPOINTED FOR THE ADULT  PURSUANT  TO  ARTICLE
 SEVENTEEN-A OF THE SURROGATE'S COURT PROCEDURE ACT.
   (a)  to  the  patient,  where there is any indication of the patient's
 ability to comprehend the information, PROVIDED THAT SUCH  NOTICE  TO  A
 PATIENT  WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY IS GOVERNED BY
 SUBDIVISION ONE OF SECTION TWENTY-NINE  HUNDRED  NINETY-FOUR-H  OF  THIS
 ARTICLE;
   §  3.  Subdivision  1  and  paragraph  (a) of subdivision 5 of section
 2994-d of the public health law, subdivision 1 as added by chapter 8  of
 the  laws  of 2010, paragraph (a) of subdivision 5 as amended by chapter
 708 of the laws of 2019, are amended to read as follows:
   1. Identifying the surrogate. One person from the following list  from
 the  class  highest  in  priority  when persons in prior classes are not
 reasonably available, willing, and competent to act, shall be the surro-
 gate for an adult patient who lacks decision-making capacity.   However,
 such  person may designate any other person on the list to be surrogate,
 provided no one in a class higher in priority than the person designated
 objects:
   (a) A guardian authorized to decide  about  health  care  pursuant  to
 article  eighty-one  of the mental hygiene law OR ARTICLE SEVENTEEN-A OF
 THE SURROGATE'S COURT PROCEDURE ACT;
   (b) The spouse, if not legally separated  from  the  patient,  or  the
 domestic partner;
   (c) A [son or daughter] CHILD eighteen years of age or older;
   (d) A parent;
   (e) A [brother or sister] SIBLING eighteen years of age or older;
   (f) A close friend[.];
   (G) THE WILLOWBROOK CONSUMER ADVISORY BOARD FOR MEMBERS OF THE WILLOW-
 BROOK CLASS WHO ARE FULLY REPRESENTED BY THE CONSUMER ADVISORY BOARD, AS
 PROVIDED IN SECTION TWENTY-NINE HUNDRED NINETY-FOUR-H OF THIS ARTICLE;
   (H)  A SURROGATE DECISION-MAKING COMMITTEE UNDER ARTICLE EIGHTY OF THE
 MENTAL HYGIENE LAW,  FOR  PERSONS  ELIGIBLE  FOR  SUCH  DECISION-MAKING,
 PROVIDED  THAT AS AN ALTERNATIVE SUCH DECISION MAY ALSO BE MADE PURSUANT
 TO SUBDIVISION FIVE OF SECTION TWENTY-NINE HUNDRED NINETY-FOUR-G OF THIS
 ARTICLE.
 A. 8648                             3
 
   (a)(i) Treatment would be an extraordinary burden to the  patient  and
 an  attending  practitioner determines, with the independent concurrence
 of another physician, nurse practitioner or physician  assistant,  that,
 to  a reasonable degree of medical certainty and in accord with accepted
 medical standards, (A) the patient has an illness or injury which can be
 expected  to  cause  death  within [six months] ONE YEAR, whether or not
 treatment is provided; or (B) the patient is permanently unconscious; or
   (ii) The provision of treatment would involve such pain, suffering  or
 other  burden  that  it  would reasonably be deemed inhumane or extraor-
 dinarily burdensome under the circumstances and the patient has an irre-
 versible or incurable condition, OTHER THAN MENTAL ILLNESS OR  INTELLEC-
 TUAL   OR  DEVELOPMENTAL  DISABILITY,  as  determined  by  an  attending
 practitioner with the  independent  concurrence  of  another  physician,
 nurse  practitioner  or  physician  assistant  to a reasonable degree of
 medical certainty and in accord with accepted medical standards.
   § 4. The public health law is amended by adding a new  section  2994-h
 to read as follows:
   §  2994-H. HEALTH CARE DECISIONS FOR INTELLECTUALLY OR DEVELOPMENTALLY
 DISABLED PERSONS. WITH RESPECT TO AN INTELLECTUALLY  OR  DEVELOPMENTALLY
 DISABLED PERSON:
   1.  NOTICE  OF  A DETERMINATION THAT A SURROGATE WILL MAKE HEALTH CARE
 DECISIONS BECAUSE THE PATIENT HAS BEEN DETERMINED TO LACK  DECISION-MAK-
 ING CAPACITY SHALL PROMPTLY BE GIVEN:
   (A)  TO  THE  PATIENT UNLESS, DUE TO A MEDICAL CONDITION OTHER THAN AN
 INTELLECTUAL OR DEVELOPMENTAL DISABILITY (SUCH AS UNCONSCIOUSNESS) IT IS
 MEDICALLY CERTAIN THAT THE PATIENT IS UNABLE TO COMPREHEND THE  INFORMA-
 TION; AND
   (B)  AS  OTHERWISE  PROVIDED  BY  PARAGRAPH (A) OF SUBDIVISION FOUR OF
 SECTION TWENTY-NINE HUNDRED NINETY-FOUR-C OF THIS ARTICLE.
   2. NO HEALTH CARE DECISION  SHALL  BE  INFLUENCED  IN  ANY  WAY  BY  A
 PRESUMPTION THAT PEOPLE WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY
 ARE  NOT  ENTITLED  TO  THE  FULL  AND  EQUAL  RIGHTS, EQUAL PROTECTION,
 RESPECT, MEDICAL CARE AND DIGNITY AFFORDED TO PEOPLE WITHOUT  AN  INTEL-
 LECTUAL OR DEVELOPMENTAL DISABILITY.
   3.  FOR AN INTELLECTUALLY OR DEVELOPMENTALLY DISABLED PERSON, AT LEAST
 FORTY-EIGHT HOURS PRIOR TO THE IMPLEMENTATION OF A DECISION TO  WITHDRAW
 LIFE-SUSTAINING TREATMENT, OR AT THE EARLIEST POSSIBLE TIME PRIOR TO THE
 IMPLEMENTATION  OF A DECISION TO WITHHOLD LIFE-SUSTAINING TREATMENT, THE
 ATTENDING PRACTITIONER SHALL NOTIFY:
   (A) THE INTELLECTUALLY OR DEVELOPMENTALLY DISABLED PERSON UNLESS,  DUE
 TO A MEDICAL CONDITION OTHER THAN INTELLECTUAL OR DEVELOPMENTAL DISABIL-
 ITY  (SUCH  AS UNCONSCIOUSNESS) IT IS MEDICALLY CERTAIN THAT THE PATIENT
 IS UNABLE TO COMPREHEND THE INFORMATION;
   (B) IF THE PERSON IS IN OR WAS TRANSFERRED FROM A RESIDENTIAL FACILITY
 OPERATED, LICENSED OR AUTHORIZED BY THE OFFICE FOR PEOPLE WITH  DEVELOP-
 MENTAL DISABILITIES, THE CHIEF EXECUTIVE OFFICER OF THE AGENCY OR ORGAN-
 IZATION  OPERATING  SUCH FACILITY AND THE MENTAL HYGIENE LEGAL SERVICES;
 AND
   (C) IF THE PERSON IS NOT IN AND WAS NOT TRANSFERRED FROM SUCH A FACIL-
 ITY OR PROGRAM, THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH  DEVELOP-
 MENTAL DISABILITIES, OR THEIR DESIGNEE.
   4.  AGENCIES OR ORGANIZATIONS DESCRIBED ABOVE AND MENTAL HYGIENE LEGAL
 SERVICE:
   (A) MUST ADOPT AND DISCLOSE UPON REQUEST A PRACTICAL MEANS TO BE NOTI-
 FIED AT ANY TIME BY AN ATTENDING PRACTITIONER;
   (B) MAY WAIVE THE RIGHT TO BE NOTIFIED AT ANY TIME; AND
 A. 8648                             4

   (C) AFTER NOTICE OF A PROPOSED WITHDRAWAL OF  LIFE  SUSTAINING  TREAT-
 MENT,  SHOULD  RESPOND  AS  SOON AS REASONABLY POSSIBLE. IF ALL NOTIFIED
 PARTIES RESPOND THAT THEY DO NOT OBJECT, THE DECISION MAY BE IMPLEMENTED
 WITHOUT REGARD TO THE FORTY-EIGHT HOUR NOTIFICATION PERIOD.
   5.  AN  INABILITY  TO  NOTIFY  AN AGENCY OR ORGANIZATION OR THE MENTAL
 HYGIENE LEGAL SERVICE AFTER A GOOD  FAITH  ATTEMPT  TO  DO  SO,  OR  THE
 ABSENCE OF A RESPONSE FROM ANY SUCH ENTITY AFTER NOTIFICATION, SHALL NOT
 REQUIRE A DELAY IN THE ISSUANCE OF AN ORDER NOT TO RESUSCITATE.
   6.  (A)  IF  AN  AGENCY,  ORGANIZATION OR MENTAL HYGIENE LEGAL SERVICE
 PARTICIPATES IN THE TREATMENT MEETING AT WHICH A DECISION BY A SURROGATE
 IS MADE TO WITHDRAW OR WITHHOLD LIFE-SUSTAINING TREATMENT, SUCH  PARTIC-
 IPATION  SHALL  BE  CONSIDERED  NOTICE  TO  THE  PARTICIPATING PARTY FOR
 PURPOSES OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS  SECTION  AND  NO
 FURTHER  NOTICE  TO  SUCH  ENTITY  SHALL BE NECESSARY, BUT ALL RIGHTS TO
 OBJECT ARE PRESERVED.
   (B) FOR PURPOSES OF THIS PARAGRAPH, A "TREATMENT MEETING" IS A MEETING
 (IN PERSON, OR BY ANY OTHER MEANS ALLOWING COMMUNICATION BY ALL  PARTIC-
 IPANTS)  TO  REVIEW  TREATMENT OPTIONS WITH AND OBTAIN A DECISION BY THE
 SURROGATE PURSUANT TO THIS ARTICLE,  AND  THAT  INCLUDES  THE  ATTENDING
 PRACTITIONER,  THE  SURROGATE,  AT  LEAST  ONE  OTHER  HEALTH  OR SOCIAL
 SERVICES PRACTITIONER INVOLVED IN PROVISION OF CARE TO THE PATIENT,  AND
 SUCH  OTHER  PERSONS  AS  THE  ATTENDING PRACTITIONER OR SURROGATE MIGHT
 INVITE FOR THIS PURPOSE. THE TREATMENT MEETING SHALL  BE  DOCUMENTED  IN
 THE MEDICAL RECORD.
   7.  (A)  A HEALTH CARE DECISION MADE PURSUANT TO THIS ARTICLE SHALL BE
 SUSPENDED, PENDING JUDICIAL  REVIEW  OR  WITHDRAWAL  OF  THE  OBJECTION,
 EXCEPT  IF THE SUSPENSION WOULD IN REASONABLE MEDICAL JUDGMENT BE LIKELY
 TO RESULT IN THE DEATH OF THE INTELLECTUALLY OR DEVELOPMENTALLY DISABLED
 PERSON, IN THE EVENT OF AN OBJECTION TO THAT DECISION  AT  ANY  TIME  BY
 PERSONS ENTITLED TO NOTIFICATION UNDER SUBDIVISION ONE OF THIS SECTION.
   (B)  SUCH  OBJECTION SHALL OCCUR ORALLY OR IN WRITING. NOTWITHSTANDING
 THE FOREGOING, IN CASES WHERE THE ATTENDING  PRACTITIONER  HAS  NOTIFIED
 THE  AGENCY  OR ORGANIZATION AND THE MENTAL HYGIENE LEGAL SERVICE OF THE
 ENTRY OF AN ORDER NOT TO RESUSCITATE PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION,  AND IF SUCH NOTICE INCLUDES EITHER THE  PRACTITIONER'S  STATE-
 MENT  OF  THE  DIAGNOSTIC  AND PROGNOSTIC BASIS FOR THE MEDICAL DETERMI-
 NATION IN SUPPORT OF THE ORDER OR AN EXCERPT FROM THE PATIENT'S  MEDICAL
 RECORD  THAT  IS  SUFFICIENT TO SUPPORT SUCH DETERMINATION, (I) AN ORDER
 NOT TO RESUSCITATE SHALL NOT BE STAYED BY AN OBJECTION BY  SUCH  PERSONS
 UNLESS  THE  OBJECTION  IS  ACCOMPANIED  BY  A  WRITTEN STATEMENT BY THE
 OBJECTING PARTY SETTING FORTH A BASIS FOR ASSERTING THAT A  STANDARD  IN
 THIS  ARTICLE  FOR  ENTERING SUCH AN ORDER HAS NOT BEEN MET; AND (II) IF
 THE BASIS RELATES TO THE FAILURE TO MEET MEDICAL CRITERIA IN THIS  ARTI-
 CLE  FOR  THE ISSUANCE OF THE ORDER, THE WRITTEN STATEMENT MUST BE BASED
 ON INFORMATION  FROM  OR  CONSULTATION  WITH  A  PHYSICIAN,  PHYSICIAN'S
 ASSISTANT OR NURSE PRACTITIONER.
   8.  FOR  PURPOSES OF THE SURROGATE PRIORITY LIST UNDER SECTION TWENTY-
 NINE HUNDRED NINETY-FOUR-D OF THIS  ARTICLE,  THE  WILLOWBROOK  CONSUMER
 ADVISORY BOARD SHALL BE THE SURROGATE FOR ANY PERSON WHO  WAS A RESIDENT
 OF  THE  FORMER  WILLOWBROOK STATE SCHOOL ON MARCH SEVENTEENTH, NINETEEN
 HUNDRED SEVENTY-TWO,  AND FOR THOSE INDIVIDUALS WHO  WERE  IN  COMMUNITY
 CARE  STATUS  ON THAT DATE AND SUBSEQUENTLY RETURNED TO WILLOWBROOK OR A
 RELATED FACILITY, WHO ARE FULLY REPRESENTED  BY  THE  CONSUMER  ADVISORY
 BOARD  AND WHO HAVE NO GUARDIANS APPOINTED, AND WHERE PERSONS IN CLASSES
 DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E) AND (F)  OF  SUBDIVISION
 ONE OF SECTION TWENTY-NINE HUNDRED NINETY-FOUR-D OF THIS ARTICLE ARE NOT
 A. 8648                             5
 
 REASONABLY  AVAILABLE,  WILLING,  AND  COMPETENT TO ACT.   HOWEVER, WITH
 RESPECT TO A DECISION TO WITHDRAW OR WITHHOLD LIFE-SUSTAINING TREATMENT,
 AS AN ALTERNATIVE, SUCH DECISION MAY ALSO BE MADE PURSUANT  TO  SUBDIVI-
 SION FIVE OF SECTION TWENTY-NINE HUNDRED NINETY-FOUR-G OF THIS ARTICLE.
   §  5. Section 2994-m of the public health law is amended by adding two
 new subdivisions 7 and 8 to read as follows:
   7. SURROGATE DECISION-MAKING COMMITTEES. A  DECISION  BY  A  SURROGATE
 DECISION-MAKING  COMMITTEE  DESCRIBED  IN  ARTICLE  EIGHTY OF THE MENTAL
 HYGIENE LAW FOR AN INTELLECTUALLY OR DEVELOPMENTALLY DISABLED PERSON  IN
 ANY SETTING SHALL NOT BE SUBJECT TO REVIEW BY AN ETHICS REVIEW COMMITTEE
 OR OTHER DISPUTE RESOLUTION PROCESS DESCRIBED IN THIS SECTION.
   8. SPECIAL PROCEEDING. NOTHING IN THIS SECTION SHALL PRECLUDE A PERSON
 CONNECTED  WITH  THE  CASE  FROM SEEKING JUDICIAL RELIEF FROM A COURT OF
 COMPETENT JURISDICTION BEFORE,  DURING  OR  AFTER  AN  ETHICS  COMMITTEE
 REVIEW.
   §  6.  Subdivision  1  of  section 2994-t of the public health law, as
 added by chapter 8 of the laws of 2010, is amended to read as follows:
   1. The commissioner, IN COLLABORATION WITH  THE  COMMISSIONER  OF  THE
 OFFICE  OF  MENTAL  HEALTH AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES, shall establish such regulations as may
 be necessary to implement this article.
   § 7. Subdivision 26 of section 2994-a of the  public  health  law,  as
 amended  by  chapter  619  of  the  laws  of 2024, is amended to read as
 follows:
   26. "Person connected with the case" means the patient, any person  on
 the  surrogate list, a parent or guardian of a minor patient, the hospi-
 tal administrator, an attending practitioner, any other health or social
 services practitioner who is  or  has  been  directly  involved  in  the
 patient's  care,  and  any  duly  authorized state agency, including the
 facility director or regional director for a patient transferred from  a
 mental  hygiene  facility and the facility director for a patient trans-
 ferred from a correctional facility AND ANY PERSON  ENTITLED  TO  NOTICE
 UNDER  SECTION TWENTY-NINE HUNDRED NINETY-FOUR-H OF THIS ARTICLE, RELAT-
 ING TO DECISIONS TO WITHDRAW OR WITHHOLD LIFE SUSTAINING  TREATMENT  FOR
 INTELLECTUALLY OR DEVELOPMENTALLY DISABLED PERSONS.
   §  8.  Subdivision  6  of section 2994-dd of the public health law, as
 amended by chapter 29 of the  laws  of  2025,  is  amended  to  read  as
 follows:
   6.  (A) The commissioner may authorize the use of one or more alterna-
 tive forms for issuing a nonhospital order not to resuscitate (in  place
 of  the  standard  form prescribed by the commissioner under subdivision
 two of this section). Such alternative form or forms may also be used to
 issue a non-hospital do not intubate order.
   (B) Any such alternative forms  intended  for  use  for  persons  with
 developmental  disabilities or persons with mental illness who are inca-
 pable of making their own health care decisions or who have  a  guardian
 of  the  person  appointed  pursuant to article eighty-one of the mental
 hygiene law or article seventeen-A of the  surrogate's  court  procedure
 act must also be approved by the commissioner of developmental disabili-
 ties or the commissioner of mental health, as appropriate.
   (C) An alternative form under this subdivision shall otherwise conform
 with applicable federal and state law.
   (D)  A MEDICAL ORDER FOR LIFE-SUSTAINING TREATMENT (MOLST) FORM IN THE
 VERSION PREVIOUSLY APPROVED BY THE COMMISSIONER, AND  THE  COMMISSIONERS
 OF  MENTAL HEALTH AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
 TIES, MEETS THE REQUIREMENTS OF THIS SECTION, PROVIDED THAT THE  COMMIS-
 A. 8648                             6
 
 SIONER  MAY  AUTHORIZE  UPDATED  VERSIONS  OF  THE MOLST FORM AS NEEDED,
 SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION. THE MOLST FORM  AND  GUID-
 ANCE  AND  CHECKLISTS  FOR  USING  THE MOLST FORM FOR ANY PATIENT IN ANY
 SETTING SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
   (E)  This subdivision does not limit, restrict or impair the use of an
 alternative form for issuing an order not to resuscitate  in  a  general
 hospital  or residential health care facility under article twenty-eight
 of this chapter or a hospital under subdivision ten of section  1.03  of
 the  mental  hygiene  law  [or  a  facility certified or operated by the
 office for people with developmental disabilities].
   § 9. Section 1750-b of the surrogate's court procedure act is REPEALED
 and a new section 1750-b is added to read as follows:
 § 1750-B. LIFE-SUSTAINING TREATMENT DECISIONS FOR PERSONS WITH INTELLEC-
             TUAL OR DEVELOPMENTAL DISABILITIES
   1. DECISIONS TO WITHDRAW OR  WITHHOLD  LIFE-SUSTAINING  TREATMENT  FOR
 PERSONS WHO HAVE BEEN FOUND, PURSUANT TO THE PROVISIONS OF THIS ARTICLE,
 TO  LACK CAPACITY TO MAKE HEALTH CARE DECISIONS, OR FOR PERSONS FOR WHOM
 NO GUARDIAN HAS BEEN APPOINTED PURSUANT  TO  SECTION  SEVENTEEN  HUNDRED
 FIFTY  OR  SEVENTEEN  HUNDRED  FIFTY-A  OF THIS ARTICLE, BUT WHO HAVE AN
 INTELLECTUAL OR DEVELOPMENTAL DISABILITY, AS DEFINED IN SECTION 1.03  OF
 THE MENTAL HYGIENE LAW SHALL BE GOVERNED BY:
   (A) ARTICLE TWENTY-NINE-C OF THE PUBLIC HEALTH LAW (HEALTH CARE AGENTS
 AND PROXIES) IF APPLICABLE; OR
   (B)  ARTICLE  TWENTY-NINE-CCC OF THE PUBLIC HEALTH LAW WITH RESPECT TO
 NONHOSPITAL ORDERS NOT TO RESUSCITATE IF APPLICABLE; OR
   (C) ARTICLE TWENTY-NINE-CC OF THE PUBLIC HEALTH  LAW,  FOR  ALL  OTHER
 HEALTH  CARE  DECISIONS, WITHOUT REGARD TO WHERE THE DECISION IS MADE OR
 WHERE THE CARE IS PROVIDED.
   2. WITH RESPECT TO DECISIONS MADE PURSUANT TO SUBDIVISION ONE OF  THIS
 SECTION,  OUTSIDE OF A HOSPITAL OR HOSPICE AS THOSE TERMS ARE DEFINED IN
 SECTION TWENTY-NINE HUNDRED NINETY-FOUR-A OF THE PUBLIC HEALTH LAW:
   (A) "ATTENDING PRACTITIONER" SHALL MEAN A PRACTITIONER WHO HAS PRIMARY
 RESPONSIBILITY FOR THE TREATMENT AND CARE OF  THE  PATIENT.  WHERE  MORE
 THAN ONE PRACTITIONER SHARES SUCH RESPONSIBILITY, OR WHERE A PRACTITION-
 ER  IS  ACTING  ON THE ATTENDING PRACTITIONER'S BEHALF, ANY SUCH PRACTI-
 TIONER MAY ACT AS AN ATTENDING PRACTITIONER PURSUANT  TO  THIS  ARTICLE;
 AND
   (B) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES  MAY  PROMULGATE  REGULATIONS  SETTING  FORTH A PROCESS FOR THE
 RESOLUTION OF DISPUTES, PROVIDED THAT IN A RESIDENTIAL FACILITY LICENSED
 OR OPERATED BY THE OFFICE FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES
 SUCH  PROCESS  SHALL INCLUDE REVIEW BY A COMMITTEE SIMILAR TO THE ETHICS
 REVIEW COMMITTEE, BUT WITH COMPOSITION AND PROCEDURES PROMULGATED BY THE
 COMMISSIONER OF SUCH OFFICE.
   § 10. This act shall take effect on the ninetieth day after  it  shall
 have become a law.