Bill Text: NY A02634 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to life-sustaining treatment standards.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02634 Detail]

Download: New_York-2021-A02634-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2634

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, BRONSON -- read once and
          referred to the Committee on Health

        AN  ACT  to  amend  the public health law, in relation to the artificial
          hydration and nutrition decision standard

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 4 of section 2980 of the public health law, as
     2  added by chapter 752 of the laws of 1990, is amended to read as follows:
     3    4. "Health care" means any treatment, service or procedure to diagnose
     4  or  treat  an  individual's  physical  or  mental  condition,  including
     5  hydration and nutrition.
     6    § 2. The fourth undesignated paragraph of paragraph (d) of subdivision
     7  5  of  section 2981 of the public health law, as added by chapter 752 of
     8  the laws of 1990, is amended to read as follows:
     9    NOTE: Although not necessary, and neither encouraged nor  discouraged,
    10  you  may  wish  to  state instructions or wishes, and limit your agent's
    11  authority. [Unless your agent knows your wishes about artificial  nutri-
    12  tion  and  hydration, your agent will not have authority to decide about
    13  artificial nutrition and hydration.] For example,  you  may  state  your
    14  wishes  regarding  withholding  or withdrawing life-sustaining treatment
    15  (including hydration and nutrition) to guide your agent's decisions.  If
    16  you choose to state instructions, wishes, or limits, please do so below:
    17    ______________________________________________________________________
    18    ______________________________________________________________________
    19    ______________________________________________________________________
    20    §  3.  Subdivision  2  of  section  2982  of the public health law, as
    21  amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
    22  follows:
    23    2. Decision-making standard. After consultation with a licensed physi-
    24  cian,  registered  nurse,  licensed psychologist, licensed master social
    25  worker, or a licensed clinical  social  worker,  the  agent  shall  make

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00817-01-1
        A. 2634                             2

     1  health  care  decisions:  (a) in accordance with the principal's wishes,
     2  including the principal's religious and moral beliefs;  or  (b)  if  the
     3  principal's  wishes  are not reasonably known and cannot with reasonable
     4  diligence be ascertained, in accordance with the principal's best inter-
     5  ests[;  provided,  however, that if the principal's wishes regarding the
     6  administration of artificial nutrition and hydration are not  reasonably
     7  known  and  cannot  with  reasonable diligence be ascertained, the agent
     8  shall not have the authority to make  decisions  regarding  these  meas-
     9  ures].
    10    §  4.  This  act shall take effect on the ninetieth day after it shall
    11  have become a law, provided that the amendments  to  sections  2981  and
    12  2982 of the public health law made by sections two and three of this act
    13  shall  apply  to  decisions made pursuant to health care proxies created
    14  prior to the effective date of this act as well as those created  there-
    15  after.