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S08009 Summary:

BILL NOS08009
 
SAME ASSAME AS A08536
 
SPONSORRIVERA
 
COSPNSR
 
MLTSPNSR
 
Amd §§2994-b, 2994-c, 2994-l & 2994-cc, Pub Health L (as proposed in S.2930 & A.4332); amd §1750-b, SCPA
 
Changes the controlling law for orders not to resuscitate for residents of mental hygiene facilities.
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S08009 Actions:

BILL NOS08009
 
01/05/2024REFERRED TO RULES
01/08/2024ORDERED TO THIRD READING CAL.18
01/24/2024SUBSTITUTED BY A8536
 A08536 AMEND= Gunther
 01/08/2024referred to health
 01/17/2024reported
 01/18/2024advanced to third reading cal.248
 01/23/2024passed assembly
 01/23/2024delivered to senate
 01/23/2024REFERRED TO RULES
 01/24/2024SUBSTITUTED FOR S8009
 01/24/20243RD READING CAL.18
 01/24/2024PASSED SENATE
 01/24/2024RETURNED TO ASSEMBLY
 02/07/2024delivered to governor
 02/07/2024signed chap.40
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S08009 Memo:

Memo not available
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S08009 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8009
 
                    IN SENATE
 
                                     January 5, 2024
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public health law and the surrogate's  court  proce-
          dure act, in relation to orders not to resuscitate
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of subdivision 3 of section 2994-b of
     2  the public health law, as amended by chapter 479 of the laws of 2022, is
     3  amended to read as follows:
     4    Prior to seeking or relying upon a health care decision by a surrogate
     5  for a patient under this article,  if  the  attending  practitioner  has
     6  reason  to  believe that the patient has a history of receiving services
     7  for [a] an  intellectual  or  developmental  disability;  it  reasonably
     8  appears to the attending practitioner that the patient has [a] an intel-
     9  lectual  or  developmental  disability; or the practitioner in a general
    10  hospital has reason to believe that the  patient  has  been  temporarily
    11  transferred  from  a mental hygiene facility operated or licensed by the
    12  office of mental health or the  office  for  people  with  developmental
    13  disabilities,  then  such  physician,  nurse  practitioner  or physician
    14  assistant shall make reasonable  efforts  to  determine  whether  [para-
    15  graphs]  paragraph (a), (b) or (c) of this subdivision [are] is applica-
    16  ble:
    17    § 2. Paragraph (c) of subdivision 4 of section 2994-c  of  the  public
    18  health  law,  as  added  by chapter 8 of the laws of 2010, is amended to
    19  read as follows:
    20    (c) if the patient is in a hospital as defined in subdivision  ten  of
    21  section  1.03 of the mental hygiene law or was transferred from a mental
    22  hygiene facility, to the director of the mental hygiene facility and  to
    23  the mental hygiene legal service under article forty-seven of the mental
    24  hygiene law.
    25    §  3.  Section  2994-l of the public health law, as amended by chapter
    26  708 of the laws of 2019, is amended to read as follows:
    27    § 2994-l. Interinstitutional transfers. 1. If a patient with an  order
    28  to  withhold or withdraw life-sustaining treatment is transferred from a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05243-02-4

        S. 8009                             2
 
     1  mental hygiene facility to a hospital or from a hospital to a  different
     2  hospital, any such order or plan shall remain effective until an attend-
     3  ing  practitioner  first  examines the transferred patient, whereupon an
     4  attending practitioner must either:
     5    [1.] (a) Issue appropriate orders to continue the prior order or plan.
     6  Such  orders may be issued without obtaining another consent to withhold
     7  or withdraw life-sustaining treatment pursuant to this article; or
     8    [2.] (b) Cancel such order, if the attending  practitioner  determines
     9  that  the order is no longer appropriate or authorized. Before canceling
    10  the order the attending practitioner shall make  reasonable  efforts  to
    11  notify  the  person who made the decision to withhold or withdraw treat-
    12  ment and the hospital staff directly responsible for the patient's  care
    13  of any such cancellation. If such notice cannot reasonably be made prior
    14  to  canceling  the  order or plan, the attending practitioner shall make
    15  such notice as soon as reasonably practicable after cancellation.
    16    2.  Orders to withhold or  withdraw  life-sustaining  treatment  shall
    17  remain  effective  and no affirmative action by a general hospital shall
    18  be required pursuant to this section  where  a  patient  is  transferred
    19  within a general hospital between a medical unit and a ward, wing, unit,
    20  or  other part of the general hospital which is operated for the purpose
    21  of providing services for persons with mental  illness  pursuant  to  an
    22  operating certificate issued by the commissioner of mental health.
    23    §  4.  Subdivision  5  of section 2994-cc of the public health law, as
    24  amended by a chapter of the laws of 2023 amending the public health  law
    25  relating  to orders not to resuscitate, as proposed in legislative bills
    26  numbers S. 2930 and A. 4332, is amended to read as follows:
    27    5. Consent by a patient or a surrogate for a patient in a  residential
    28  facility operated or licensed by the office of mental health, other than
    29  a  hospital  as defined in section 1.03 of the mental hygiene law, shall
    30  be governed by this article. Consent by a patient who is  intellectually
    31  or  otherwise developmentally disabled and is eligible for life-sustain-
    32  ing treatment decision pursuant to section seventeen hundred fifty-b  of
    33  the surrogate's court procedure act shall be governed by that section.
    34    §  5.  Subparagraph  (i)  of paragraph (b) of subdivision 4 of section
    35  1750-b of the surrogate's court procedure act, as amended by chapter 198
    36  of the laws of 2016, is amended to read as follows:
    37    (i) the person who is intellectually disabled has a medical  condition
    38  as follows:
    39    A.  a  terminal  condition, [as defined in subdivision twenty-three of
    40  section twenty-nine hundred sixty-one of the public  health  law]  which
    41  for  the  purpose  of this section means an illness or injury from which
    42  there is no recovery, and which reasonably  can  be  expected  to  cause
    43  death within one year; or
    44    B. permanent unconsciousness; or
    45    C. a medical condition other than such person's intellectual disabili-
    46  ty  which  requires life-sustaining treatment, is irreversible and which
    47  will continue indefinitely; and
    48    § 6. Paragraph (d) of subdivision 5 of section 1750-b  of  the  surro-
    49  gate's  court  procedure  act,  as amended by chapter 198 of the laws of
    50  2016, is amended to read as follows:
    51    (d) Dispute mediation. In the event of an objection pursuant  to  this
    52  subdivision,  at  the request of the objecting party or person or entity
    53  authorized to act as a guardian under this section, except  a  surrogate
    54  decision  making committee established pursuant to article eighty of the
    55  mental hygiene law, such objection shall be referred to [a dispute medi-
    56  ation system]  an  ethics  review  committee,  established  pursuant  to

        S. 8009                             3
 
     1  section  two  thousand  nine  hundred [seventy-two] ninety-four-m of the
     2  public health law or similar entity for mediating disputes in a hospice,
     3  such as a patient's advocate's office,  hospital  chaplain's  office  or
     4  ethics  committee,  as described in writing and adopted by the governing
     5  authority of such hospice, for non-binding mediation. In the event  that
     6  such  dispute  cannot  be  resolved  within seventy-two hours or no such
     7  mediation entity exists or is reasonably available for  mediation  of  a
     8  dispute, the objection shall proceed to judicial review pursuant to this
     9  subdivision.  The  party requesting mediation shall provide notification
    10  to those parties entitled to notice pursuant to paragraph  (a)  of  this
    11  subdivision.
    12    §  7.  This  act  shall  take  effect on the same date and in the same
    13  manner as a chapter of the laws of 2023 amending the public  health  law
    14  relating  to orders not to resuscitate, as proposed in legislative bills
    15  numbers S.  2930 and A. 4332, takes effect.
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