Requires a health care practitioner to provide a palliative care information and end of life options to a patient diagnosed with a terminal illness or condition.
Ayes (24): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, Padavan, Seward, Saland, Farley, Hannon, Robach
Ayes W/R (8): DeFrancisco, Volker, LaValle, Larkin, Nozzolio, Leibell, Maziarz, Marcellino
Excused (1): Johnson O
BILL NUMBER: S4498
TITLE OF BILL : An act to amend the public health law, in relation to a patient's right to palliative care information
PURPOSE OR GENERAL IDEA OF BILL : to ensure that patients diagnosed with terminal illness or condition receive information about options for palliative and end-of-life care.
SUMMARY OF SPECIFIC PROVISIONS : Would require health care practitioners caring for a patient diagnosed with a terminal illness to offer information and counseling to individuals or their surrogates on the available options for palliative and end-of-life care. The obligation to provide such information and counseling can be fulfilled personally or by referral or transfer to another appropriate health care practitioner. Information and counseling would not have to be provided to a patient who does not want it.
JUSTIFICATION : The lack of communication with respect to basic end-of-life options is a continuing problem. Patient often do not know what options for palliative care and pain management are clinically and legally available to them at the end of life. Further, patients may be concerned about initiating conversations with their health care practitioner about certain end-of-life options. A dying patient should have information and counseling available that includes a full range of information about end of life care options, including hospice care, aggressive pain management, and palliative sedation. The patient is then empowered to control his or her own medical care decisions with full information.
PRIOR LEGISLATIVE HISTORY : New bill
FISCAL IMPLICATIONS : none
EFFECTIVE DATE : Effective 180 days after it becomes a law.
STATE OF NEW YORK ________________________________________________________________________ 4498 2009-2010 Regular Sessions IN SENATE April 24, 2009 ___________Introduced by Sen. DUANE -- 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 a patient's right to palliative care information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2997-c 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 INFORMATION AND COUNSELING REGARDING PALLIATIVE CARE AND END-OF-LIFE OPTIONS APPROPRIATE TO THE PATIENT, INCLUDING BUT NOT LIMIT-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11098-02-9 S. 4498 2
ED TO: THE RANGE OF OPTIONS APPROPRIATE TO THE PATIENT; THE PROGNOSIS, RISKS AND BENEFITS OF THE VARIOUS OPTIONS; AND THE PATIENT'S LEGAL RIGHTS TO COMPREHENSIVE PAIN AND SYMPTOM MANAGEMENT AT THE END OF LIFE. 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 INFOR- MATION AND COUNSELING UNDER THIS SECTION TO BE PROVIDED BY ANOTHER PROFESSIONALLY QUALIFIED INDIVIDUAL. 3. WHERE THE ATTENDING HEALTH CARE PRACTITIONER IS NOT WILLING TO PROVIDE THE PATIENT WITH INFORMATION AND COUNSELING 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. Paragraph (f) of subdivision 1 of section 207 of the public health law, as added by chapter 573 of the laws of 2008, is relettered paragraph (g) and a new paragraph (h) is added to read as follows: (H) PALLIATIVE CARE OPTIONS FOR PATIENTS WITH A TERMINAL ILLNESS OR CONDITION. S 3. The department of health shall consult with the New York state palliative care education and training council, as established in subdi- vision 6 of section 2807-n of the public health law, in developing educational documents and rules and regulations related to this act. S 4. This act shall take effect immediately, provided that section one of this act shall take effect one hundred eighty days after it shall have become a law.