Bill Text: NY A02194 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes do not resuscitate orders on drivers' licenses and identification cards.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A02194 Detail]

Download: New_York-2019-A02194-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2194
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Transportation
        AN ACT to amend the public health law and the vehicle and  traffic  law,
          in  relation  to  establishing  do  not resuscitate orders on drivers'
          licenses and identification cards
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 2 of section 2994-bb of the public health law,
     2  as added by chapter 8 of the  laws  of  2010,  is  amended  to  read  as
     3  follows:
     4    2.  A  nonhospital  order  not to resuscitate may be issued (a) during
     5  hospitalization to take effect after hospitalization, [or may be issued]
     6  (b) for a person who is not a patient in, or a resident of, a  hospital,
     7  (c) on an application or renewal form of a driver's license, or (d) on a
     8  non-driver identification card application or renewal form.
     9    §  2.  Section 2994-cc of the public health law is amended by adding a
    10  new subdivision 6 to read as follows:
    11    6. An adult with decision-making capacity may consent to a nonhospital
    12  order not to resuscitate on an application or renewal form of a driver's
    13  license or on a non-driver identification card  application  or  renewal
    14  form. Consent shall be governed by sections four hundred ninety and five
    15  hundred two of the vehicle and traffic law.
    16    §  3.  The  opening  paragraph of section 2994-ee of the public health
    17  law, as added by chapter 8 of the laws of 2010, is amended  to  read  as
    18  follows:
    19    Obligation to honor a nonhospital order not to resuscitate.  Emergency
    20  medical services personnel, home care services agency personnel, hospice
    21  personnel,  or  hospital  emergency  services personnel who are provided
    22  with a nonhospital order not to resuscitate, [or] who identify the stan-
    23  dard bracelet on the patient's body, or who identify a nonhospital order
    24  not to resuscitate on an individual's  driver's  license  or  non-driver
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01204-01-9
        A. 2194                             2
     1  identification card shall comply with the terms of such order; provided,
     2  however, that:
     3    § 4. Section 490 of the vehicle and traffic law is amended by adding a
     4  new subdivision 2-a to read as follows:
     5    2-a.  Order  to  not  resuscitate  designation. The commissioner shall
     6  ensure that space is provided on the application so that  the  applicant
     7  may  consent to or decline a nonhospital order not to resuscitate pursu-
     8  ant to section twenty-nine hundred ninety-four-cc of the  public  health
     9  law  and  that  the  following is stated on the application in clear and
    10  conspicuous type:
    11    "You must fill out the following section: Would you like to consent to
    12  a do-not-resuscitate order  which  directs  emergency  medical  services
    13  personnel,  home  care  services agency personnel, hospice personnel and
    14  hospital emergency services personnel  not  to  attempt  cardiopulmonary
    15  resuscitation  in  the  event  that  you  suffer  cardiac or respiratory
    16  arrest? Check box for 'yes' or 'skip this question'."
    17    Failure to check a "yes" or checking "skip this question" shall not be
    18  construed to imply a wish to consent to an order not to resuscitate.  In
    19  the  case  of  an  applicant under eighteen years of age, checking "yes"
    20  shall not constitute consent to an order not to  resuscitate.  Where  an
    21  applicant  has  previously  consented  to  an  order not to resuscitate,
    22  checking "skip this question" or failing to check a box shall not impair
    23  that consent.
    24    § 5. Section 502 of the vehicle and traffic law is amended by adding a
    25  new subdivision 1-a to read as follows:
    26    1-a. Order to not  resuscitate  designation.  The  commissioner  shall
    27  ensure  that  space is provided on the application so that the applicant
    28  may consent to or decline a nonhospital order not to resuscitate  pursu-
    29  ant  to  section twenty-nine hundred ninety-four-cc of the public health
    30  law and that the following is stated on the  application  in  clear  and
    31  conspicuous type:
    32    "You must fill out the following section: Would you like to consent to
    33  a  do-not-resuscitate  order  which  directs  emergency medical services
    34  personnel, home care services agency personnel,  hospice  personnel  and
    35  hospital  emergency  services  personnel  not to attempt cardiopulmonary
    36  resuscitation in the  event  that  you  suffer  cardiac  or  respiratory
    37  arrest? Check box for 'yes' or 'skip the question'."
    38    Failure  to check a "yes" or checking "skip the question" shall not be
    39  construed to imply a wish to consent to an order not to resuscitate.  In
    40  the  case  of  an  applicant under eighteen years of age, checking "yes"
    41  shall not constitute consent to an order not to  resuscitate.  Where  an
    42  applicant  has  previously  consented  to  an  order not to resuscitate,
    43  checking "skip this question" or failing to check a box shall not impair
    44  that consent.
    45    § 6. Subdivision 1 of section 504 of the vehicle and  traffic  law  is
    46  amended by adding a new paragraph (a-2) to read as follows:
    47    (a-2)  Every license or renewal thereof shall contain a distinguishing
    48  mark and adequate space upon which consent to a nonhospital order not to
    49  resuscitate pursuant to section twenty-nine  hundred  ninety-four-cc  of
    50  the  public  health  law,  by  the  licensee shall be recorded and shall
    51  contain such other information and shall be issued in such form  as  the
    52  commissioner  shall  determine;  provided,  however,  every  license  or
    53  renewal thereof issued to a person consenting to a nonhospital order not
    54  to resuscitate shall have prominently printed upon  the  front  of  such
    55  license or renewal thereof the statement "D.N.R." in notably distinctive
    56  print or format.
        A. 2194                             3
     1    §  7.  This  act shall take effect on the ninetieth day after it shall
     2  have become a law; provided that the commissioner of motor vehicles  may
     3  implement sections four, five, and six of this act before that date.