What's happening
This bill repeals Article 29-B and updates laws on do-not-resuscitate orders for patients in mental health facilities.
Why it matters
Unifies standards for do-not-resuscitate (DNR) orders. by bringing patients in mental health facilities under the same legal framework as those in general hospitals, reducing confusion and discrepancies in care.
Removes separate and potentially outdated regulations. (Article 29-B) specific to mental hygiene facilities, likely streamlining decision-making for incapacitated patients and their surrogates.
Clarifies how DNR orders are handled during transfers between hospitals and mental health facilities. , aiming to ensure that such orders are consistently recognized and honored across different institutions.
Provides clearer direction for handling DNR decisions for intellectually or developmentally disabled patients. , specifying when the Surrogate’s Court Procedure Act applies, which could improve legal protections for these vulnerable individuals.
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Who cares
Headline styles
Standardize Do Not Resuscitate Orders
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Referred to codes
- Reported referred to codes
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
851
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, GOTTFRIED, BRONSON -- Multi-Sponsored by -- M. of A. LIFTON -- 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 Assembly, do enact as follows:
Section 1. Article 29-B of the public health law is REPEALED.
§ 2. Section 2994-b of the public health law is amended by adding a new subdivision 1-a to read as follows:
1-a. This article shall also apply to decisions regarding orders not to resuscitate for a patient who lacks decision-making capacity in a hospital as defined by section 1.03 of the mental hygiene law.
§ 3. Subdivision 5 of section 2994-cc of the public health law, as added by chapter 8 of the laws of 2010, is amended to read as follows:
5. Consent by a patient or a surrogate for a patient [in a mental hygiene facility shall be governed by article twenty-nine-B of this chapter] in a facility operated or licensed by the office of mental health shall be governed by this article. Consent by a patient who is intellectually or otherwise developmentally disabled and is eligible for life-sustaining treatment decision pursuant to section seventeen hundred fifty-b of the surrogate's court procedure act shall be governed by that section.
§ 4. Section 2994-ff of the public health law, as added by chapter 8 of the laws of 2010, is amended to read as follows:
§ 2994-ff. Interinstitutional transfer. If a patient with a nonhospital order not to resuscitate is admitted to a hospital, or if a hospital patient with an order not to resuscitate is transferred from a hospital 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.
LBD02791-01-7
A. 851 2
resuscitate for a patient transferred from another hospital, and shall be governed by [article twenty-nine-CC of this chapter, except that any such order for a patient admitted to a mental hygiene facility shall be governed by article twenty-nine-B] section twenty-nine hundred ninetyfour-l of this chapter.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.