STATE OF NEW YORK
________________________________________________________________________
5508
2021-2022 Regular Sessions
IN ASSEMBLY
February 19, 2021
___________
Introduced by M. of A. GUNTHER, GOTTFRIED, 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 Article 29-B of the public health law is REPEALED.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.
LBD09424-01-1
A. 5508 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.
