STATE OF NEW YORK
________________________________________________________________________
7172--A
Cal. No. 259
2019-2020 Regular Sessions
IN ASSEMBLY
April 10, 2019
___________
Introduced by M. of A. GUNTHER, GOTTFRIED, BRONSON -- Multi-Sponsored by
-- M. of A. LIFTON -- read once and referred to the Committee on
Health -- ordered to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
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 Article 29-B of the public health law is REPEALED.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 430 of the laws of 2017, 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. Subdivision 5 of section 2994-cc of the public health law, as
19 amended by chapter 708 of the laws of 2019, is amended to read as
20 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01154-02-0
A. 7172--A 2
1 5. Consent by a patient or a surrogate for a patient [in a mental
2 hygiene facility shall be governed by article twenty-nine-B of this
3 chapter] in a facility operated or licensed by the office of mental
4 health shall be governed by this article. Consent by a patient who is
5 intellectually or otherwise developmentally disabled and is eligible for
6 life-sustaining treatment decision pursuant to section seventeen hundred
7 fifty-b of the surrogate's court procedure act shall be governed by that
8 section.
9 § 5. Section 2994-ff of the public health law, as added by chapter 8
10 of the laws of 2010, is amended to read as follows:
11 § 2994-ff. Interinstitutional transfer. If a patient with a nonhospi-
12 tal order not to resuscitate is admitted to a hospital, or if a hospital
13 patient with an order not to resuscitate is transferred from a hospital
14 to a different hospital, the order shall be treated as an order not to
15 resuscitate for a patient transferred from another hospital, and shall
16 be governed by [article twenty-nine-CC of this chapter, except that any
17 such order for a patient admitted to a mental hygiene facility shall be
18 governed by article twenty-nine-B] section twenty-nine hundred ninety-
19 four-l of this chapter.
20 § 6. This act shall take effect on the ninetieth day after it shall
21 have become a law; provided, however, that if chapter 708 of the laws of
22 2019 shall not have taken effect on or before such date then section
23 four of this act shall take effect on the same date and in the same
24 manner as such chapter of the laws of 2019 takes effect.
