Title PBH, Public Health

§ 292. Collection. 1. All pharmacies shall provide for the safe\ncollection of drugs, which shall include:\n (a) Offering drug collection by one or more of the following methods:\n (i) On-site collection, dropbox, or receptacle meeting federal\nstandards;\n (ii) Mail-back collec…

§ 293. Violations. Violation of this article shall be subject to fines\npursuant to section twelve of this chapter. Each day in which the\nviolation continues shall constitute a separate violation.\n

§ 294. Jurisdiction. Jurisdiction of all matters pertaining to drug\ndisposal by this article is vested exclusively in the state. Any\nprovision of any local law or ordinance, or any rule or regulation\npromulgated prior to, or upon the effective date of this section, shall\nbe …

§ 2950. Legislative findings. The legislature finds and determines as\nfollows:\n 1. The health care delivery system is undergoing a major\ntransformation in response to changing demographics and consumer needs,\nchanges in reimbursement policies, the emergence of alternate serv…

§ 2951. Definitions. For the purposes of this article:\n 1. "Rural area" shall mean any county with less than two hundred\nthousand population or any town which has a population of less than two\nhundred persons per square mile or, if approved by the commissioner, any\ntown whic…

§ 2952. Rural health network development grant program. To the extent\nof funds available therefor, the sum of seven million dollars shall\nannually be available for periods prior to January first, two thousand\nthree, and up to six million five hundred thirty thousand dollars\n…

§ 2954. Limitation on liability of network participants. Neither a\nrural health network, nor any provider participating therein, whether by\nagreement or through membership or common directorates, shall be liable\nfor claims against or for the debt or obligations of any other a…

§ 2955. Restraint of trade by networks and network participants. The\nactivities of rural health networks and providers participating therein,\nundertaken in furtherance of planning, implementing or operating a\nnetwork or promoting the efficient delivery of health care services…

§ 2956. Designation of upgraded diagnostic and treatment centers. 1.\nA diagnostic and treatment center established pursuant to article\ntwenty-eight of this chapter, which is a participant in or a member of a\nrural health network, may request the commissioner to authorize such…

§ 2957. Designation of primary care hospitals. 1. A general hospital\nestablished pursuant to article twenty-eight of this chapter may request\nthe commissioner to exempt such hospital from particular services or to\nauthorize such hospital to offer additional special services. …

§ 2958. Rural health care access development program. 1. To the extent\nof funds available therefor, the sum of ten million dollars shall\nannually be made available for periods prior to January first, two\nthousand three, and up to nine million three hundred twenty thousand\ndo…

§ 2958-a. Rural dentistry pilot program. 1. The commissioner shall,\nwithin monies appropriated therefore, establish a rural dentistry pilot\nprogram in Chautauqua, Allegany, and Cattaraugus counties. The\ncommissioner shall, in coordination with the University of Buffalo\nSchoo…

§ 2959-a. Multipayor patient centered medical home program. 1. (a) The\ncommissioner is authorized to establish medical home multipayor programs\n(referred to in this section as a "program") whereby enhanced payments\nare made to primary care clinicians and clinics statewide tha…

§ 2980. Definitions. The following words or phrases, used in this\narticle, shall have the following meanings, unless the context otherwise\nrequires:\n 1. "Adult" means any person who is eighteen years of age or older, or\nis the parent of a child, or has married.\n 2. "Attendi…

§ 2981. Appointment of health care agent; health care proxy. 1.\nAuthority to appoint agent; presumption of competence. (a) A competent\nadult may appoint a health care agent in accordance with the terms of\nthis article.\n (b) For the purposes of this section, every adult shall…

§ 2982. Rights and duties of agent. 1. Scope of authority. Subject to\nany express limitations in the health care proxy, an agent shall have\nthe authority to make any and all health care decisions on the\nprincipal's behalf that the principal could make. Such authority shall\nb…

§ 2983. Determination of lack of capacity to make health care\ndecisions for the purpose of empowering agent. 1. Determination by\nattending practitioner. (a) A determination that a principal lacks\ncapacity to make health care decisions shall be made by the attending\npractitio…

§ 2984. Provider's obligations. 1. A health care provider who is\nprovided with a health care proxy shall arrange for the proxy or a copy\nthereof to be inserted in the principal's medical record if the health\ncare proxy has not been included in such record.\n 2. A health care …

§ 2985. Revocation. 1. Means of revoking proxy. (a) A competent adult\nmay revoke a health care proxy by notifying the agent or a health care\nprovider orally or in writing or by any other act evidencing a specific\nintent to revoke the proxy.\n (b) For the purposes of this sect…

§ 2986. Immunity. 1. Provider immunity. No health care provider or\nemployee thereof shall be subjected to criminal or civil liability, or\nbe deemed to have engaged in unprofessional conduct, for honoring in\ngood faith a health care decision by an agent, or for other actions\n…

§ 2987. Liability for health care costs. Liability for the cost of\nhealth care provided pursuant to an agent's decision shall be the same\nas if the health care were provided pursuant to the principal's\ndecision.\n

§ 2988. Requiring or prohibiting execution of proxy. No person may\nrequire or prohibit the execution of a health care proxy by an\nindividual as a condition for providing health care services or\ninsurance to such individual.\n

§ 2989. Effect on other rights. 1. A competent adult's failure to\nappoint a health care agent or to provide the agent with specific health\ncare instructions pursuant to this article shall create no presumptions\nregarding the adult's wishes about health care.\n 2. Nothing in t…

§ 2990. Proxies executed in other states. A health care proxy or\nsimilar instrument executed in another state or jurisdiction in\ncompliance with the law of that state or jurisdiction shall be\nconsidered validly executed for purposes of this article.\n

§ 2991. Creation and use of proxies in residential health care and\nmental hygiene facilities. 1. Residential health care facilities and\nmental hygiene facilities shall establish procedures:\n (a) to provide information to adult residents about their right to\ncreate a health c…

§ 2992. Special proceeding authorized. The health care provider or\nguardian of the principal under article eighty-one of the mental hygiene\nlaw or article seventeen-A of the surrogate's court procedure act,\nmembers of the principal's family, a close friend of the principal as…

§ 2993. Regulations. The commissioner, in consultation with the\ncommissioners of the office of mental health and the office for people\nwith developmental disabilities, shall establish such regulations as may\nbe necessary for the implementation of this article, subject to the\…

§ 2994. Rights to be publicized. The commissioner of health shall\nprepare a statement summarizing the rights, duties and requirements of\nthis article and shall require that a copy of such statement:\n 1. Be furnished to patients or their families at or prior to the time\nof ad…

§ 2994-a. Definitions. The following words or phrases, used in this\narticle, shall have the following meanings, unless the context otherwise\nrequires:\n 1. "Adult" means any person who is eighteen years of age or older or\nhas married.\n 2. "Attending practitioner" means a phy…

§ 2994-aa. Definitions. 1. "Adult" means any person who is eighteen\nyears of age or older, or is the parent of a child or has married.\n 2. "Attending practitioner" means the physician, nurse practitioner or\nphysician assistant who has primary responsibility for the treatment …

§ 2994-b. Applicability; priority of certain other surrogate\ndecision-making laws and regulations. 1. This article shall apply to\nhealth care decisions regarding health care provided in a hospital, and\nto decisions regarding hospice care without regard to where the decision\n…

§ 2994-bb. General provisions. 1. (a) Emergency medical services\npersonnel, home care services agency personnel, hospice personnel, and\nhospital emergency services personnel shall honor nonhospital orders not\nto resuscitate, except as provided in section twenty-nine hundred\n…

§ 2994-c. Determination of incapacity. 1. Presumption of capacity. For\npurposes of this article, every adult shall be presumed to have\ndecision-making capacity unless determined otherwise pursuant to this\nsection or pursuant to court order, or unless a guardian is authorized\…

§ 2994-cc. Consent to a nonhospital order not to resuscitate. 1. An\nadult with decision-making capacity, a health care agent, or a surrogate\nmay consent to a nonhospital order not to resuscitate orally to the\nattending practitioner or in writing. If a patient consents to a\nn…

§ 2994-d. Health care decisions for adult patients by surrogates. 1.\nIdentifying the surrogate. One person from the following list from the\nclass highest in priority when persons in prior classes are not\nreasonably available, willing, and competent to act, shall be the\nsurro…

§ 2994-dd. Managing a nonhospital order not to resuscitate. 1. The\nattending practitioner shall record the issuance of a nonhospital order\nnot to resuscitate in the patient's medical record.\n 2. A nonhospital order not to resuscitate shall be issued upon a\nstandard form pres…

§ 2994-e. Decisions about life-sustaining treatment for minor\npatients. 1. Authority of parent or guardian. The parent or guardian of\na minor patient shall have the authority to make decisions about\nlife-sustaining treatment, including decisions to withhold or withdraw\nsuch …

§ 2994-ee. Obligation to honor a nonhospital order not to resuscitate.\nEmergency medical services personnel, home care services agency\npersonnel, hospice personnel, or hospital emergency services personnel\nwho are provided with a nonhospital order not to resuscitate, or who\n…

§ 2994-f. Obligations of attending practitioner. 1. An attending\npractitioner informed of a decision to withdraw or withhold\nlife-sustaining treatment made pursuant to the standards of this article\nshall record the decision in the patient's medical record, review the\nmedical…

§ 2994-ff. Interinstitutional transfer. If a patient with a\nnonhospital order not to resuscitate is admitted to a hospital, or if a\nhospital patient with an order not to resuscitate is transferred from a\nhospital to a different hospital, the order shall be treated as an order…

§ 2994-g. Health care decisions for adult patients without surrogates.\n1. Identifying adult patients without surrogates. Within a reasonable\ntime after admission as an inpatient to the hospital of each adult\npatient, the hospital shall make reasonable efforts to determine if …

§ 2994-gg. Immunity. No person shall be subjected to criminal\nprosecution or civil liability, or be deemed to have engaged in\nunprofessional conduct, for honoring reasonably and in good faith\npursuant to this article a nonhospital order not to resuscitate, for\ndisregarding a…

§ 2994-hh. Short title. This article shall be known and may be cited\nas the "CARE act".\n

§ 2994-i. Specific policies for orders not to resuscitate. An order\nnot to resuscitate shall be written in the patient's medical record.\nConsent to an order not to resuscitate shall not constitute consent to\nwithhold or withdraw treatment other than cardiopulmonary resuscitat…

§ 2994-ii. Definitions. When used in this article, the following words\nor phrases shall have the following meanings:\n 1. "Hospital" shall mean any "general hospital" as defined in section\ntwenty-eight hundred one of this chapter.\n 2. "After-care" shall mean any assistance pr…

§ 2994-j. Revocation of consent. 1. A patient, surrogate, or parent or\nguardian of a minor patient may at any time revoke his or her consent to\nwithhold or withdraw life-sustaining treatment by informing an attending\npractitioner or a member of the medical or nursing staff of…

§ 2994-jj. Caregiver; opportunity to identify. 1. A hospital shall\nprovide each patient or, if applicable, the patient's legal guardian\nwith at least one opportunity to identify at least one caregiver under\nthis article following the patient's entry into a hospital and prior …

§ 2994-k. Implementation and review of decisions. 1. Hospitals shall\nadopt written policies requiring implementation and regular review of\ndecisions to withhold or withdrew life-sustaining treatment in\naccordance with accepted medical standards. Hospitals shall also develop\n…

§ 2994-kk. Notice to identified caregiver. A hospital shall notify the\npatient's identified caregiver of the patient's discharge or transfer to\nanother hospital or facility licensed by the department or the office of\nmental health as soon as the date and time of discharge or …

§ 2994-l. Interinstitutional transfers. 1. If a patient with an order\nto withhold or withdraw life-sustaining treatment is transferred from a\nmental hygiene facility to a hospital or from a hospital to a different\nhospital, any such order or plan shall remain effective until …