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S07596 Summary:

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S07596 Floor Votes:

S07596 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7596
 
                    IN SENATE
 
                                      June 6, 2012
                                       ___________
 
        Introduced  by  Sen.  HANNON -- 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  information  and
          counseling on appropriate treatment options
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Section 2997-c of the public health law, as added by  chap-
     2  ter 331 of the laws of 2010, is amended to read as follows:
     3    § 2997-c. Palliative care patient information. 1. Definitions. As used
     4  in  this section, the following terms shall have the following meanings,
     5  unless the context clearly requires otherwise:
     6    (a) "Appropriate" means consistent with applicable legal,  health  and
     7  professional  standards; the patient's clinical and other circumstances;
     8  and the patient's reasonably known wishes and beliefs.
     9    (b) "Attending health care practitioner" means a  physician  or  nurse
    10  practitioner  who  has primary responsibility for the care and treatment
    11  of the patient. Where more than  one  physician  or  nurse  practitioner
    12  share  that  responsibility,  each of them has responsibility under this

    13  section, unless they agree to assign that responsibility to one of them.
    14    (c) "Palliative care" means health care treatment, including interdis-
    15  ciplinary end-of-life care, and consultation with  patients  and  family
    16  members,  to  prevent  or  relieve pain and suffering and to enhance the
    17  patient's quality of life, including hospice care under article forty of
    18  this chapter.
    19    (d) "Terminal illness or condition"  means  an  illness  or  condition
    20  which  can  reasonably  be  expected  to  cause death within six months,
    21  whether or not treatment is provided.
    22    2. If a patient is diagnosed with a terminal illness or condition, the
    23  patient's attending health care practitioner shall offer to provide  the
    24  patient with:
    25    (a)  information  and counseling regarding palliative care and end-of-

    26  life options appropriate to the patient, including but not  limited  to:
    27  the  range  of  options appropriate to the patient; the prognosis, risks
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15960-01-2
        S. 7596                             2
 
     1  and benefits of the various options; and the patient's legal  rights  to
     2  comprehensive pain and symptom management at the end of life, and
     3    (b)  information  regarding other appropriate treatment options should
     4  the patient wish to initiate or continue treatment.  The information and
     5  counseling may be provided orally or in writing. Where the patient lacks

     6  capacity to reasonably understand and make informed choices relating  to
     7  palliative  care,  the  attending health care practitioner shall provide
     8  information and counseling under this section to a person with authority
     9  to make health care decisions for the patient. The attending health care
    10  practitioner may arrange  for  information  and  counseling  under  this
    11  section to be provided by another professionally qualified individual.
    12    3. Where the attending health care practitioner is not willing or does
    13  not  feel  qualified  to  provide the patient with information and coun-
    14  seling under this section, he or she shall arrange for another physician
    15  or nurse practitioner to do so, or shall refer or transfer  the  patient
    16  to another physician or nurse practitioner willing to do so.
    17    § 2. This act shall take effect one hundred eighty days after it shall

    18  have become a law.