New York State Assembly

 
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A04332 Summary:

A04332 Actions:

A04332 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:03/21/2023AYE/NAY:25/0  Action: Favorable         
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
McDonough
Excused
Gunther
Aye
Byrnes
Aye
Rosenthal L 
Aye
Gandolfo
Aye
Hevesi
Aye
Mikulin
Aye
Steck
Aye
Blumencranz
Aye
Braunstein
Aye
Bendett
Aye
Solages
Aye
Gray
Aye
Bichotte Hermel
Aye
Sayegh
Aye
Rosenthal D 
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Aye

A04332 Floor Votes:

A04332 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4332
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2023
                                       ___________
 
        Introduced by M. of A. GUNTHER, BRONSON -- 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 Article 29-B of the public health law is REPEALED.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    §  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    § 3.  Subdivision 5 of section 2994-cc of the public  health  law,  as
     8  amended  by  chapter  708  of  the  laws  of 2019, is amended to read as
     9  follows:
    10    5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
    11  hygiene  facility  shall  be  governed  by article twenty-nine-B of this
    12  chapter] in a facility operated or licensed  by  the  office  of  mental
    13  health  shall  be  governed by this article. Consent by a patient who is
    14  intellectually or otherwise developmentally disabled and is eligible for
    15  life-sustaining treatment decision pursuant to section seventeen hundred
    16  fifty-b of the surrogate's court procedure act shall be governed by that
    17  section.
    18    § 4.  Section 2994-ff of the public health law, as added by chapter  8
    19  of the laws of 2010, is amended to read as follows:
    20    §  2994-ff. Interinstitutional transfer. If a patient with a nonhospi-
    21  tal order not to resuscitate is admitted to a hospital, or if a hospital
    22  patient with an order not to resuscitate is transferred from a  hospital
    23  to  a  different hospital, the order shall be treated as an order not to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05243-01-3
        A. 4332                             2
 
     1  resuscitate for a patient transferred from another hospital,  and  shall
     2  be  governed by [article twenty-nine-CC of this chapter, except that any
     3  such order for a patient admitted to a mental hygiene facility shall  be
     4  governed  by  article twenty-nine-B] section twenty-nine hundred ninety-
     5  four-l of this chapter.
     6    § 5. This act shall take effect on the ninetieth day  after  it  shall
     7  have become a law.