Establishes do not resuscitate orders on drivers' licenses and identification cards

Summary of provisions

Section 1. The bill amends the public health law to allow for a non-hospital order not to resuscitate to be issued on an application or renewal form of a driver's license, or on a non-driver identification card application or renewal form.

Section 2 amends the public health law to allow for an adult with decision making capacity to consent to a non-hospital order not to resuscitate on an application or renewal form of a driver's license or on a non-driver identification card or renewal form.

Section 3 amends the public health law to direct that emergency medical services personnel, home care services agency personnel, hospice personnel, or hospital emergency services personnel who identify a non-hospital order not to resuscitate on an individual's driver's license or non-driver identification card shall comply with the terms of such order.

Sections 4 and 5 amend the vehicle and traffic law to allow on the application for a driver's license or in clear and conspicuous writing, an individual would be required to check either "yes" or "skip this question: when answering this question "Would you like to consent to a do not resuscitate order which directs emergency services personnel, home care services agency personnel, hospice personnel and hospital emergency services personnel not to attempt cardiopulmonary resuscitation in the event that you suffer cardiac or respiratory arrest?" The bill also provides that failure to check a "yes" or "skip this question" shall not be interpreted to imply a wish to consent to an order not to resuscitate. In the case of an applicant under eighteen years of age, checking "yes" shall not constitute consent to an order not to resuscitate.

Section 6 amends the vehicle and traffic law to provide that every license or renewal shall contain a distinguishing mark and adequate space upon which consent to a non-hospital order not to resuscitate shall be recorded and issued in an form as the commissioner shall determine.

Justification

Under New York law, a Do Not Resuscitate (DNR) Order provides instruction to medical professionals not to perform emergency treatment when an individual's heartbeat or breathing stops. This directive prohibits medical personnel from initiating emergency procedures to restart an individual's heart or lungs. Adults 18 or older can get a hospital or non-hospital order which must be honored by medical personnel. Currently, a Hospital DNR wish can be made known in a health care proxy, living will or state approved form. A Non-Hospital DNR order must be recorded on a state specific form. However, if an individual goes into cardiac arrest out of state or a family member does not readily have access to provide proof of the individual's wishes or if the individual is incapacitated outside of a medical facility, a DNR designation on a license would clearly convey their wishes.

Legislative history

New bill.

Fiscal implications

None

Effective date

The act shall take effect on the ninetieth day after it shall have become law; provided that the commissioner of motor vehicles may implement sections four, five and six of this act before that date.