S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4713
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 10, 2015
                                      ___________
       Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN  ACT  to amend the public health law and the vehicle and traffic law,
         in relation to establishing do  not  resuscitate  orders  on  drivers'
         licenses and identification cards
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 2994-bb of the public health  law,
    2  as  added  by  chapter  8  of  the  laws  of 2010, is amended to read as
    3  follows:
    4    2. A nonhospital order not to resuscitate may  be  issued  (A)  during
    5  hospitalization to take effect after hospitalization, [or may be issued]
    6  (B)  for a person who is not a patient in, or a resident of, a hospital,
    7  (C) ON AN APPLICATION OR RENEWAL FORM OF A DRIVER'S LICENSE, OR (D) ON A
    8  NON-DRIVER IDENTIFICATION CARD APPLICATION OR RENEWAL FORM.
    9    S 2. Section 2994-cc of the public health law is amended by  adding  a
   10  new subdivision 6 to read as follows:
   11    6. AN ADULT WITH DECISION-MAKING CAPACITY MAY CONSENT TO A NONHOSPITAL
   12  ORDER NOT TO RESUSCITATE ON AN APPLICATION OR RENEWAL FORM OF A DRIVER'S
   13  LICENSE  OR  ON  A NON-DRIVER IDENTIFICATION CARD APPLICATION OR RENEWAL
   14  FORM. CONSENT SHALL BE GOVERNED BY SECTIONS FOUR HUNDRED NINETY AND FIVE
   15  HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW.
   16    S 3. The opening paragraph of section 2994-ee  of  the  public  health
   17  law,  as  added  by chapter 8 of the laws of 2010, is amended to read as
   18  follows:
   19    Obligation to honor a nonhospital order not to resuscitate.  Emergency
   20  medical services personnel, home care services agency personnel, hospice
   21  personnel, or hospital emergency services  personnel  who  are  provided
   22  with a nonhospital order not to resuscitate, [or] who identify the stan-
   23  dard bracelet on the patient's body, OR WHO IDENTIFY A NONHOSPITAL ORDER
   24  NOT  TO  RESUSCITATE  ON  AN INDIVIDUAL'S DRIVER'S LICENSE OR NON-DRIVER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08111-01-5
       S. 4713                             2
    1  IDENTIFICATION CARD shall comply with the terms of such order; provided,
    2  however, that:
    3    S 4. Section 490 of the vehicle and traffic law is amended by adding a
    4  new subdivision 2-a to read as follows:
    5    2-A.  ORDER  TO  NOT  RESUSCITATE  DESIGNATION. THE COMMISSIONER SHALL
    6  ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION SO THAT  THE  APPLICANT
    7  MAY  CONSENT TO OR DECLINE A NONHOSPITAL ORDER NOT TO RESUSCITATE PURSU-
    8  ANT TO SECTION TWENTY-NINE HUNDRED NINETY-FOUR-CC OF THE  PUBLIC  HEALTH
    9  LAW  AND  THAT  THE  FOLLOWING IS STATED ON THE APPLICATION IN CLEAR AND
   10  CONSPICUOUS TYPE:
   11    "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO CONSENT TO
   12  A DO-NOT-RESUSCITATE ORDER  WHICH  DIRECTS  EMERGENCY  MEDICAL  SERVICES
   13  PERSONNEL,  HOME  CARE  SERVICES AGENCY PERSONNEL, HOSPICE PERSONNEL AND
   14  HOSPITAL EMERGENCY SERVICES PERSONNEL  NOT  TO  ATTEMPT  CARDIOPULMONARY
   15  RESUSCITATION  IN  THE  EVENT  THAT  YOU  SUFFER  CARDIAC OR RESPIRATORY
   16  ARREST? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
   17    FAILURE TO CHECK A "YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE
   18  CONSTRUED TO IMPLY A WISH TO CONSENT TO AN ORDER NOT TO RESUSCITATE.  IN
   19  THE  CASE  OF  AN  APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES"
   20  SHALL NOT CONSTITUTE CONSENT TO AN ORDER NOT TO  RESUSCITATE.  WHERE  AN
   21  APPLICANT  HAS  PREVIOUSLY  CONSENTED  TO  AN  ORDER NOT TO RESUSCITATE,
   22  CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
   23  THAT CONSENT.
   24    S 5. Section 502 of the vehicle and traffic law is amended by adding a
   25  new subdivision 1-a to read as follows:
   26    1-A. ORDER TO NOT  RESUSCITATE  DESIGNATION.  THE  COMMISSIONER  SHALL
   27  ENSURE  THAT  SPACE IS PROVIDED ON THE APPLICATION SO THAT THE APPLICANT
   28  MAY CONSENT TO OR DECLINE A NONHOSPITAL ORDER NOT TO RESUSCITATE  PURSU-
   29  ANT  TO  SECTION TWENTY-NINE HUNDRED NINETY-FOUR-CC OF THE PUBLIC HEALTH
   30  LAW AND THAT THE FOLLOWING IS STATED ON THE  APPLICATION  IN  CLEAR  AND
   31  CONSPICUOUS TYPE:
   32    "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO CONSENT TO
   33  A  DO-NOT-RESUSCITATE  ORDER  WHICH  DIRECTS  EMERGENCY MEDICAL SERVICES
   34  PERSONNEL, HOME CARE SERVICES AGENCY PERSONNEL,  HOSPICE  PERSONNEL  AND
   35  HOSPITAL  EMERGENCY  SERVICES  PERSONNEL  NOT TO ATTEMPT CARDIOPULMONARY
   36  RESUSCITATION IN THE  EVENT  THAT  YOU  SUFFER  CARDIAC  OR  RESPIRATORY
   37  ARREST? CHECK BOX FOR 'YES' OR 'SKIP THE QUESTION'."
   38    FAILURE  TO CHECK A "YES" OR CHECKING "SKIP THE QUESTION" SHALL NOT BE
   39  CONSTRUED TO IMPLY A WISH TO CONSENT TO AN ORDER NOT TO RESUSCITATE.  IN
   40  THE  CASE  OF  AN  APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES"
   41  SHALL NOT CONSTITUTE CONSENT TO AN ORDER NOT TO  RESUSCITATE.  WHERE  AN
   42  APPLICANT  HAS  PREVIOUSLY  CONSENTED  TO  AN  ORDER NOT TO RESUSCITATE,
   43  CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
   44  THAT CONSENT.
   45    S 6. Subdivision 1 of section 504 of the vehicle and  traffic  law  is
   46  amended by adding a new paragraph (a-2) to read as follows:
   47    (A-2)  EVERY LICENSE OR RENEWAL THEREOF SHALL CONTAIN A DISTINGUISHING
   48  MARK AND ADEQUATE SPACE UPON WHICH CONSENT TO A NONHOSPITAL ORDER NOT TO
   49  RESUSCITATE PURSUANT TO SECTION TWENTY-NINE  HUNDRED  NINETY-FOUR-CC  OF
   50  THE  PUBLIC  HEALTH  LAW,  BY  THE  LICENSEE SHALL BE RECORDED AND SHALL
   51  CONTAIN SUCH OTHER INFORMATION AND SHALL BE ISSUED IN SUCH FORM  AS  THE
   52  COMMISSIONER  SHALL  DETERMINE;  PROVIDED,  HOWEVER,  EVERY  LICENSE  OR
   53  RENEWAL THEREOF ISSUED TO A PERSON CONSENTING TO A NONHOSPITAL ORDER NOT
   54  TO RESUSCITATE SHALL HAVE PROMINENTLY PRINTED UPON  THE  FRONT  OF  SUCH
   55  LICENSE OR RENEWAL THEREOF THE STATEMENT "D.N.R." IN NOTABLY DISTINCTIVE
   56  PRINT OR FORMAT.
       S. 4713                             3
    1    S  7.  This  act shall take effect on the ninetieth day after it shall
    2  have become a law; provided that the commissioner of motor vehicles  may
    3  implement sections four, five, and six of this act before that date.