Bill S7596-2011

Relates to information and counseling on appropriate treatment options

Relates to information and counseling on appropriate treatment options.

Details

Actions

  • Jul 18, 2012: SIGNED CHAP.256
  • Jul 6, 2012: DELIVERED TO GOVERNOR
  • Jun 14, 2012: returned to senate
  • Jun 14, 2012: passed assembly
  • Jun 14, 2012: ordered to third reading rules cal.134
  • Jun 14, 2012: substituted for a10373
  • Jun 13, 2012: referred to health
  • Jun 13, 2012: DELIVERED TO ASSEMBLY
  • Jun 13, 2012: PASSED SENATE
  • Jun 13, 2012: ORDERED TO THIRD READING CAL.1221
  • Jun 11, 2012: REPORTED AND COMMITTED TO RULES
  • Jun 6, 2012: REFERRED TO HEALTH

Votes

VOTE: COMMITTEE VOTE: - Health - Jun 11, 2012
Ayes (16): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Duane, Adams, Gianaris, Montgomery, Rivera, Smith, Peralta
Ayes W/R (1): Stewart-Cousins

Memo

BILL NUMBER:S7596                REVISED 06/08/12

TITLE OF BILL: An act to amend the public health law, in relation to information and counseling on appropriate treatment options

PURPOSE: To provide patients who have been diagnosed with a "terminal illness or condition" with information regarding other appropriate treatment options should the patient wish to initiate or continue treatment.

SUMMARY OF PROVISIONS: § 1-Amends § 2997-c of the Public Health Law to require that patients diagnosed with a "terminal illness or condition" be given information regarding other appropriate treatment options should the patient wish to initiate or continue treatment. In the event the health care practitioner is not willing or does not feel qualified to provide the patient with such information, another health care practitioner must convey the information to the patient.

§ 2- Effective date.

EXISTING LAW: Chapter 331 of the laws of 2010.

JUSTIFICATION: This bill aims to improve patient care by providing patients diagnosed with a "terminal illness or condition" with information regarding appropriate treatment options. Allowing patients to choose additional treatment options in addition to or in place of palliative end-of-life care will improve patients' and their loved-ones' sense of autonomy and wellbeing at a critical juncture in their lives.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect one hundred eighty days after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7596 IN SENATE June 6, 2012 ___________
Introduced by Sen. HANNON -- 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 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
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus