Legislation

Current New York State laws and regulations pertinent to Advance Care Planning, Medical Orders for Life-Sustaining Treatment (MOLST), Pain and Palliative Care are included.

New York State Laws and Regulations

Medical Orders for Life-Sustaining Treatment (MOLST) and Do Not Resuscitate (DNR)

Nonhospital DNR Law (Public Health Law § 2977)

Nonhospital DNR – Must be on “standard form” issued by the Department of Health (by contrast, hospital-based DNR order can be on any form)

MOLST Pilot Project Legislation added Public Health Law § 2977(13) (L. 2005, Ch.734; L. 2006, Ch. 325)

Permits NYS Department of Health to authorize MOLST form in lieu of Nonhospital DNR in Monroe and Onondaga Counties
“Standard form” does NOT need to be used in pilot counties
Carve-out: OMH and OMRDD

MOLST Pilot Project Chapter Amendment (Amended PHL § 2977(13) (L. 2005, Ch.734; L. 2006, Ch. 325)

Authorization for EMS to honor Do Not Intubate (DNI) instructions prior to full cardiopulmonary arrest in Monroe and Onondaga Counties during MOLST pilot
Carve-out: OMH and OMRDD

Health Care Decisions Act for Persons with Mental Retardation (Surrogate’s Court Procedure Act § 1750-b)

Patient with MR with capacity can complete MOLST form
Allows a guardian (Surrogate’s Court Procedure Act § 1750-b) of a mentally retarded person to make end-of-life health care decisions
Physician should consult legal counsel for MR patients without capacity. See Surrogate’s Court Procedure Act § 1750-b.

2005 Legislation Added Persons with Developmental Disabilities to the Health Care Decisions Act (Surrogate’s Court Procedure Act § 1750-a)

Patient with DD with capacity can complete MOLST form
Physician should consult legal counsel for DD patients without capacity. See Surrogate’s Court Procedure Act §§ 1750-a, 1750-b.

In the Matter of Westchester County Medical Center, on Behalf of Mary O'Connor. (72 N.Y.2d 517 ) clarifies “clear and convincing evidence”

Dear Administrator Letters and Legal Opinions

Resident Advance Directives and Basic Life Support – January 4, 2007

2005 AHA Guidelines CPR

MOLST DOH Approval Letter – January 17, 2006

DNR Attorney General Opinion 2003

Other

Cardiopulmonary Resuscitation (CPR) Equipment Required in Restaurants, Bars, Theaters and Health Clubs

Task Force on Life and the Law

Traditional Advance Directives

Health Care Proxy Law

Health Care Proxy Form

Living Will

Living Will Form

Actionable Medical Orders

DOH Form 3474 Nonhospital DNR Order

Medical Orders for Life-Sustaining Treatment (MOLST)

Palliative Care

Palliative Care Education and Training Act Article VII bill, A.4308-C/S.2108-C, 2007-08

Establish a statewide advisory council on palliative care and pain management;
Create undergraduate and graduate palliative care training programs;
Establish state Department of Health-designated Centers for Palliative Care Excellence; and Authorize the Department of Health to certify one or more palliative care resource centers to assist physicians in the treatment of patients in pain
$4.6 million is authorized annually, primarily for the training programs.

Advocacy is Needed for Pending Legislation

Your help is needed. Please contact your local state senators and assemblymen today. Together, we can make a difference!

to top