STATE OF NEW YORK ________________________________________________________________________ 4332 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. GUNTHER, BRONSON -- 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 Assem- bly, do enact as follows: 1 Section 1. Article 29-B of the public health law is REPEALED. 2 § 2. Section 2994-b of the public health law is amended by adding a 3 new subdivision 1-a to read as follows: 4 1-a. This article shall also apply to decisions regarding orders not 5 to resuscitate for a patient who lacks decision-making capacity in a 6 hospital as defined by section 1.03 of the mental hygiene law. 7 § 3. Subdivision 5 of section 2994-cc of the public health law, as 8 amended by chapter 708 of the laws of 2019, is amended to read as 9 follows: 10 5. Consent by a patient or a surrogate for a patient [in a mental 11 hygiene facility shall be governed by article twenty-nine-B of this 12 chapter] in a facility operated or licensed by the office of mental 13 health shall be governed by this article. Consent by a patient who is 14 intellectually or otherwise developmentally disabled and is eligible for 15 life-sustaining treatment decision pursuant to section seventeen hundred 16 fifty-b of the surrogate's court procedure act shall be governed by that 17 section. 18 § 4. Section 2994-ff of the public health law, as added by chapter 8 19 of the laws of 2010, is amended to read as follows: 20 § 2994-ff. Interinstitutional transfer. If a patient with a nonhospi- 21 tal order not to resuscitate is admitted to a hospital, or if a hospital 22 patient with an order not to resuscitate is transferred from a hospital 23 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. LBD05243-01-3
A. 4332 2 1 resuscitate for a patient transferred from another hospital, and shall 2 be governed by [article twenty-nine-CC of this chapter, except that any 3 such order for a patient admitted to a mental hygiene facility shall be 4 governed by article twenty-nine-B] section twenty-nine hundred ninety- 5 four-l of this chapter. 6 § 5. This act shall take effect on the ninetieth day after it shall 7 have become a law.