STATE OF NEW YORK ________________________________________________________________________ 2930 2023-2024 Regular Sessions IN SENATE January 25, 2023 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed 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 Article 29-B of the public health law is REPEALED. 2 § 2.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
S. 2930 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.