S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10373

                          I N  A S S E M B L Y

                              May 24, 2012
                               ___________

Introduced by M. of A. GOLDFEDER, CYMBROWITZ, GOTTFRIED -- read once and
  referred to the Committee on Health

AN  ACT  to  amend the public health law, in relation to information and
  counseling on appropriate treatment options

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 2997-c of the public health law, as added by chap-
ter 331 of the laws of 2010, is amended to read as follows:
  S 2997-c. Palliative care patient information. 1. Definitions. As used
in this section, the following terms shall have the following  meanings,
unless the context clearly requires otherwise:
  (a)  "Appropriate"  means consistent with applicable legal, health and
professional standards; the patient's clinical and other  circumstances;
and the patient's reasonably known wishes and beliefs.
  (b)  "Attending  health  care practitioner" means a physician or nurse
practitioner who has primary responsibility for the care  and  treatment
of  the  patient.  Where  more  than one physician or nurse practitioner
share that responsibility, each of them has  responsibility  under  this
section, unless they agree to assign that responsibility to one of them.
  (c) "Palliative care" means health care treatment, including interdis-
ciplinary  end-of-life  care,  and consultation with patients and family
members, to prevent or relieve pain and suffering  and  to  enhance  the
patient's quality of life, including hospice care under article forty of
this chapter.
  (d)  "Terminal  illness  or  condition"  means an illness or condition
which can reasonably be expected  to  cause  death  within  six  months,
whether or not treatment is provided.
  2. If a patient is diagnosed with a terminal illness or condition, the
patient's  attending health care practitioner shall offer to provide the
patient with:
  (A) information and counseling regarding palliative care  and  end-of-
life  options  appropriate to the patient, including but not limited to:
the range of options appropriate to the patient;  the  prognosis,  risks

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15960-01-2
              

A. 10373                            2

and  benefits  of the various options; and the patient's legal rights to
comprehensive pain and symptom management at the end of life, AND
  (B)  INFORMATION  REGARDING OTHER APPROPRIATE TREATMENT OPTIONS SHOULD
THE PATIENT WISH TO INITIATE OR CONTINUE TREATMENT.  The information and
counseling may be provided orally or in writing. Where the patient lacks
capacity to reasonably understand and make informed choices relating  to
palliative  care,  the  attending health care practitioner shall provide
information and counseling under this section to a person with authority
to make health care decisions for the patient. The attending health care
practitioner may arrange  for  information  and  counseling  under  this
section to be provided by another professionally qualified individual.
  3. Where the attending health care practitioner is not willing OR DOES
NOT  FEEL  QUALIFIED  to  provide the patient with information and coun-
seling under this section, he or she shall arrange for another physician
or nurse practitioner to do so, or shall refer or transfer  the  patient
to another physician or nurse practitioner willing to do so.
  S 2. This act shall take effect one hundred eighty days after it shall
have become a law.