S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1023
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by  M. of A. GUNTHER, GOTTFRIED -- 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 Article 29-B of the public health law is REPEALED.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    S 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    S  3.  Subdivision  5  of section 2994-cc of the public health law, as
    8  added by chapter 8 of the laws of 2010, is amended to read as follows:
    9    5. Consent by a patient or a surrogate for  a  patient  [in  a  mental
   10  hygiene  facility  shall  be  governed  by article twenty-nine-B of this
   11  chapter] IN A FACILITY OPERATED OR LICENSED  BY  THE  OFFICE  OF  MENTAL
   12  HEALTH  SHALL  BE  GOVERNED BY THIS ARTICLE. CONSENT BY A PATIENT WHO IS
   13  INTELLECTUALLY OR OTHERWISE DEVELOPMENTALLY DISABLED AND IS ELIGIBLE FOR
   14  LIFE-SUSTAINING TREATMENT DECISION PURSUANT TO SECTION SEVENTEEN HUNDRED
   15  FIFTY-B OF THE SURROGATE'S COURT PROCEDURE ACT SHALL BE GOVERNED BY THAT
   16  SECTION.
   17    S 4. Section 2994-ff of the public health law, as added by  chapter  8
   18  of the laws of 2010, is amended to read as follows:
   19    S  2994-ff. Interinstitutional transfer. If a patient with a nonhospi-
   20  tal order not to resuscitate is admitted to a hospital, OR IF A HOSPITAL
   21  PATIENT WITH AN ORDER NOT TO RESUSCITATE IS TRANSFERRED FROM A  HOSPITAL
   22  TO  A  DIFFERENT HOSPITAL, the order shall be treated as an order not to
   23  resuscitate for a patient transferred from another hospital,  and  shall
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02198-01-5
       A. 1023                             2
    1  be  governed by [article twenty-nine-CC of this chapter, except that any
    2  such order for a patient admitted to a mental hygiene facility shall  be
    3  governed   by   article   twenty-nine-B]   SECTION  TWENTY-NINE  HUNDRED
    4  NINETY-FOUR-L of this chapter.
    5    S  5.  This  act shall take effect on the ninetieth day after it shall
    6  have become a law.