A09548 Summary:

BILL NO    A09548 

SAME AS    SAME AS S07152

SPONSOR    Gunther (MS)

COSPNSR    Gottfried

MLTSPNSR   

Rpld Art 29-B, amd SS2994-b, 2994-cc & 2994-ff, Pub Health L

Relates to orders not to resuscitate.
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A09548 Actions:

BILL NO    A09548 

05/06/2014 referred to health
05/20/2014 reported referred to codes
06/16/2014 reported referred to rules
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A09548 Votes:

There are no votes for this bill in this legislative session.
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A09548 Memo:

BILL NUMBER:A9548

TITLE  OF BILL:  An act to amend the public health law, in relation to
orders not to resuscitate; and to repeal article 29-B  of  the  public
health  law  relating  to  orders  not to resuscitate for residents of
mental hygiene facilities

PURPOSE OF GENERAL IDEA OF BILL:

This is one of a series of seven 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,
Laws  of  2010)  and  other  laws  that  govern health care decisions,
including life-sustaining treatment decisions, for patients  who  lack
decision-making capacity.

This  bill  repeals  PHL  Art.  29-B,  Orders  Not  to Resuscitate for
Patients in Mental Hygiene Facilities, which is now covered  by  other
provisions of the Public Health Law.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1  repeals Public Health Law Article 29-B (do-not-resuscitate
orders for patients in mental hygiene facilities).

Section 2 amends S 2994-b to add subdivision 1-a  to  make  the  FHCDA
applicable  to  decisions  regarding  orders  not to resuscitate for a
patient in an OMH licensed psychiatric hospitals and psychiatric units
of general hospitals.

Section 3 amends PHL S 2994-cc(5) to delete a reference to PHL Article
29-B.

Section 4 amends PHL S 2994-ff to delete a reference  to  PHL  Article
29-B.

Section  5 sets forth the effective date: ninety days after it becomes
a law.

JUSTIFICATION:

This bill repeals PHL Art 29-B Orders Not To Resuscitate For Residents
Of Mental Hygiene Facilities.

Prior to 2010, PHL Art. 29-B governed DNR orders in hospitals, nursing
homes, mental hygiene facilities and elsewhere. Ch.  8,  L.  2010  (i)
replaced  the  DNR  Law with the FHCDA in hospitals and nursing homes,
(ii) amended PHL Art. 29-B to make it applicable only to residents  of
mental  hygiene  facilities,  i.e., psychiatric hospitals, psychiatric
units of general hospitals, and OPWDD-operated developmental  centers,
and   (iii)  created  PHL  Art.  29-CCC  -Nonhospital  Orders  Not  To
Resuscitate, to cover all other settings.

It soon became clear that there is no need for a separate DNR law  for
residents   of  mental  hygiene  facilities.  First,  DNR  orders  for
residents  of  OPWDD-operated  developmental  centers   were   already


governed by SCPA S 1750-b, making PHL Art. 29-B redundant. Second, DNR
orders  in  psychiatric  hospitals  and general hospital mental health
units were more appropriately governed by the provisions in the FHCDA.
Moreover  variations  in  DNR  procedures  and  standards - especially
between the procedures and standards in  hospital  medical  units  and
hospital  mental  health  units  have become a source of confusion and
complexity.

Accordingly section 1 of this bill  repeals  PHL  Art.  29-B.  Related
amendments  in  this  bill  provide that DNR decisions for patients in
psychiatric hospitals and units are governed by the FHCDA and  confirm
that DNR decisions for all persons with developmental disabilities are
governed by SCPA 1.750-b (SS 2 - 4).

PRIOR LEGISLATIVE HISTORY:

2013: A.7371 reported referred to codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This  act  shall  take effect on the ninetieth day after it shall have
become a law.
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A09548 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9548

                                 I N  A S S E M B L Y

                                      May 6, 2014
                                      ___________

       Introduced  by  M. of A. GUNTHER, GOTTFRIED -- read once and referred to
         the Committee on Health

       AN ACT to amend the public health law, in  relation  to  orders  not  to
         resuscitate;  and  to  repeal  article  29-B  of the public health law
         relating to orders not to resuscitate for residents of mental  hygiene
         facilities

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Article 29-B of the public health law is REPEALED.
    2    S 2. Section 2994-b of the public health law is amended  by  adding  a
    3  new subdivision 1-a to read as follows:
    4    1-A.  THIS  ARTICLE SHALL ALSO APPLY TO DECISIONS REGARDING ORDERS NOT
    5  TO RESUSCITATE FOR A PATIENT WHO LACKS  DECISION-MAKING  CAPACITY  IN  A
    6  HOSPITAL AS DEFINED BY SECTION 1.03 OF THE MENTAL HYGIENE LAW.
    7    S  3.  Subdivision  5  of section 2994-cc of the public health law, as
    8  added by chapter 8 of the laws of 2010, is amended to read as follows:
    9    5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
   10  hygiene  facility  shall  be  governed  by article twenty-nine-B of this
   11  chapter] IN A FACILITY OPERATED OR LICENSED  BY  THE  OFFICE  OF  MENTAL
   12  HEALTH  SHALL  BE  GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS
   13  INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
   14  LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
   15  FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
   16  SECTION.
   17    S 4. Section 2994-ff of the public health law, as added by  chapter  8
   18  of the laws of 2010, is amended to read as follows:
   19    S  2994-ff. Interinstitutional transfer. If a patient with a nonhospi-
   20  tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL
   21  PATIENT WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A  HOSPITAL
   22  TO  A  DIFFERENT HOSPITAL, the order shall be treated as an order not to
   23  resuscitate for a patient transferred from another hospital,  and  shall
   24  be  governed by [article twenty-nine-CC of this chapter, except that any
   25  such order for a patient admitted to a mental hygiene facility shall  be

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13615-02-4
       A. 9548                             2

    1  governed   by   article   twenty-nine-B]   SECTION  TWENTY-NINE  HUNDRED
    2  NINETY-FOUR-L of this chapter.
    3    S  5.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.
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