New York State Assembly

 
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A07172 Summary:

A07172 Actions:

A07172 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:05/14/2019AYE/NAY:24/0  Action: Favorable refer to committee Codes        
Gottfried
Aye
Raia
Aye
Schimminger
Aye
McDonough
Aye
Galef
Aye
Ra
Aye
Dinowitz
Aye
Garbarino
Aye
Cahill
Aye
Byrne
Aye
Paulin
Aye
Byrnes
Aye
Cymbrowitz
Aye
Ashby
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Excused
Solages
Aye
Bichotte
Excused
Barron
Aye
Sayegh
Aye

Committee:CODES   Chair:Lentol      
DATE:06/17/2019AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Absent
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Absent
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/20/2019AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Titus
Aye
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A07172 Floor Votes:

A07172 Text:

 
                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.