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 Article 29-B of the public health law is REPEALED. 2 S 2.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.