Bill Text: NY S05014 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the authority of an agent to act outside a hospital setting to make certain decisions regarding the transport of the principal to a particular medical setting when such principal is unconscious or unresponsive.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-21 - SUBSTITUTED BY A8389 [S05014 Detail]

Download: New_York-2011-S05014-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5014
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 2, 2011
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- 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 the  authority  of
         an  agent  to act outside a hospital setting to make certain decisions
         regarding the transport of  the  principal  to  a  particular  medical
         setting when such principal is unconscious or unresponsive
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 2981 of the public health law,  as
    2  added by chapter 752 of the laws of 1990, is amended to read as follows:
    3    4.  Commencement  of  agent's  authority.  The agent's authority shall
    4  commence upon a determination,  made  pursuant  to  subdivision  one  of
    5  section two thousand nine hundred eighty-three of this article, that the
    6  principal lacks capacity to make health care decisions OR IF THE PRINCI-
    7  PAL  IS NOT FOUND WITHIN A HOSPITAL, MENTAL HYGIENE FACILITY OR RESIDEN-
    8  TIAL HEALTH CARE FACILITY AND  IS  IN  AN  UNCONSCIOUS  OR  UNRESPONSIVE
    9  STATE.
   10    S  2.  Subdivision  2  of  section  2982  of the public health law, as
   11  amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
   12  follows:
   13    2. Decision-making standard. After consultation with a licensed physi-
   14  cian,  registered  nurse,  licensed psychologist, licensed master social
   15  worker, or a licensed clinical  social  worker,  the  agent  shall  make
   16  health  care  decisions:  (a) in accordance with the principal's wishes,
   17  including the principal's religious and moral beliefs;  or  (b)  if  the
   18  principal's  wishes  are not reasonably known and cannot with reasonable
   19  diligence be ascertained, in accordance with the principal's best inter-
   20  ests; provided, however, that if the principal's  wishes  regarding  the
   21  administration  of artificial nutrition and hydration are not reasonably
   22  known and cannot with reasonable diligence  be  ascertained,  the  agent
   23  shall not have the authority to make decisions regarding these measures.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11239-01-1
       S. 5014                             2
    1  WHERE  THE  PRINCIPAL  IS  UNCONSCIOUS  OR UNRESPONSIVE AND IS NOT FOUND
    2  WITHIN A HOSPITAL, MENTAL HYGIENE FACILITY OR A RESIDENTIAL HEALTH  CARE
    3  FACILITY,  THE  AGENT  SHALL  MAKE  DECISIONS  LIMITED TO PLACEMENT IN A
    4  HOSPITAL,  MENTAL  HYGIENE FACILITY, RESIDENTIAL HEALTH CARE FACILITY OR
    5  THE CHOICE OF HEALTH CARE PROVIDER PURSUANT TO THIS SUBDIVISION  WITHOUT
    6  CONSULTATION  WITH  A  LICENSED  PHYSICIAN,  REGISTERED  NURSE, LICENSED
    7  PSYCHOLOGIST, LICENSED MASTER SOCIAL WORKER, OR LICENSED CLINICAL SOCIAL
    8  WORKER.
    9    S 3. Paragraph (a) of subdivision 1 of  section  2983  of  the  public
   10  health  law,  as added by chapter 752 of the laws of 1990, is amended to
   11  read as follows:
   12    (a) A determination that a principal lacks  capacity  to  make  health
   13  care  decisions shall be made by the attending physician to a reasonable
   14  degree of medical certainty. The determination shall be made in  writing
   15  and shall contain such attending physician's opinion regarding the cause
   16  and nature of the principal's incapacity as well as its extent and prob-
   17  able  duration.  The  determination  shall  be included in the patient's
   18  medical record. For a decision to withdraw or  withhold  life-sustaining
   19  treatment,  the  attending  physician who makes the determination that a
   20  principal lacks capacity to make health care decisions must consult with
   21  another physician to confirm such determination. Such consultation shall
   22  also be included within the patient's medical record.  NO  DETERMINATION
   23  BY  THE PHYSICIAN SHALL BE REQUIRED WHERE THE PRINCIPAL IS FOUND OUTSIDE
   24  OF A HOSPITAL, MENTAL HYGIENE FACILITY OR RESIDENTIAL HEALTH CARE FACIL-
   25  ITY AND THE PRINCIPAL IS UNCONSCIOUS OR UNRESPONSIVE AS THERE SHALL BE A
   26  PRESUMPTION OF INCAPACITY FOR THE  LIMITED  PURPOSE  OF  EMPOWERING  THE
   27  HEALTH CARE AGENT TO MAKE HEALTH CARE DECISIONS IN REGARD TO THE PRINCI-
   28  PAL'S  PLACEMENT  IN  A  HOSPITAL,  MENTAL HYGIENE FACILITY, RESIDENTIAL
   29  HEALTH CARE FACILITY OR CHOOSING A HEALTH CARE PROVIDER.
   30    S 4. This act shall take effect on the one hundred twentieth day after
   31  it shall have become a law. Effective immediately, the addition,  amend-
   32  ment  and/or repeal of any rules or regulations necessary for the imple-
   33  mentation of this act on its effective date are authorized to be made on
   34  or before such effective date.