STATE OF NEW YORK
________________________________________________________________________
6015--A
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
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Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the family court act and the public health law, in
relation to allowing a person having a lawful order of custody of a
child to make medical decisions for such child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (c) of section 657 of the family court act, as
2 added by section 5 of part F of chapter 58 of the laws of 2010, is
3 amended to read as follows:
4 (c) Notwithstanding any other provision of law to the contrary,
5 persons possessing a lawful order of guardianship or custody of a child
6 shall have the right and responsibility to make decisions, including
7 issuing any necessary consents, regarding the child's protection, educa-
8 tion, care and control, health and medical needs, and the physical
9 custody of the person of the child. Provided, however, that nothing in
10 this subdivision shall be construed to limit the ability of a child to
11 consent to his or her own medical care as may be otherwise provided by
12 law.
13 § 2. Subdivision 4 of section 2504 of the public health law, as added
14 by chapter 769 of the laws of 1972 and as renumbered by chapter 976 of
15 the laws of 1984, is amended to read as follows:
16 4. Medical, dental, health and hospital services may be rendered to
17 persons of any age without the consent of a parent [or], legal guardian
18 or person possessing a lawful order of custody when, in the physician's
19 judgment an emergency exists and the person is in immediate need of
20 medical attention and an attempt to secure consent would result in delay
21 of treatment which would increase the risk to the person's life or
22 health.
23 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11435-03-7
