What's happening
This bill repeals Article 29-B and updates laws on do-not-resuscitate orders for patients in mental health facilities, aligning them with general hospital regulations.
Why it matters
Unifies do-not-resuscitate (DNR) procedures. for patients lacking decision-making capacity in mental health facilities with those used in general hospitals, potentially reducing confusion and inconsistent care standards across different types of institutions.
Removes a separate legal framework (Article 29-B). for DNR orders in mental health settings, meaning families and healthcare providers will now follow the same processes and protections as in other hospitals, streamlining end-of-life decision-making.
Clarifies protections and procedures for specific populations. such as patients with intellectual or developmental disabilities—by explicitly referencing applicable sections of the Surrogate’s Court Procedure Act, helping ensure that vulnerable individuals have appropriate legal safeguards.
Standardizes DNR order transfers between facilities. , so that a DNR established in one hospital (including mental health hospitals) is recognized if a patient is moved, reducing the risk of conflicting directives during critical transitions in care.
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Who cares
Headline styles
Update DNR Rules for Hospitals
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Referred to health
- Delivered to senate
- Passed assembly
- Amended on third reading 7172a
- Ordered to third reading cal.259
- Returned to assembly
- Died in senate
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.647
- Rules report cal.647
Show 4 earlier actions
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update DNR Orders in Hospitals
In Senate Committee · Rules · Sponsor Gustavo Rivera
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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 amended by chapter 430 of the laws of 2017, 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. Subdivision 5 of section 2994-cc of the public health law, as amended by chapter 708 of the laws of 2019, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01154-02-0
A. 7172--A 2
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.
§ 5. 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 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.
§ 6. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that if chapter 708 of the laws of 2019 shall not have taken effect on or before such date then section four of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2019 takes effect.
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.