Bill Text: NY S04967 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to life-sustaining treatment standards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S04967 Detail]

Download: New_York-2021-S04967-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4967

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 19, 2021
                                       ___________

        Introduced  by  Sen.  RIVERA -- 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  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
        S. 4967                             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.