Bill Text: NY A00730 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to life-sustaining treatment standards.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A00730 Detail]

Download: New_York-2019-A00730-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         730--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, BRONSON -- read once and
          referred  to  the  Committee  on  Health -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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 provided by means of  medical  treat-
    16  ment)   to  guide  your  agent's  decisions.  If  you  choose  to  state
    17  instructions, wishes, or limits, please do so below:
    18    ______________________________________________________________________
    19    ______________________________________________________________________
    20    ______________________________________________________________________
    21    § 3. Subdivision 2 of section  2982  of  the  public  health  law,  as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02549-02-9
        A. 730--A                           2

     1  amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
     2  follows:
     3    2. Decision-making standard. After consultation with a licensed physi-
     4  cian,  registered  nurse,  licensed psychologist, licensed master social
     5  worker, or a licensed clinical  social  worker,  the  agent  shall  make
     6  health  care  decisions:  (a) in accordance with the principal's wishes,
     7  including the principal's religious and moral beliefs;  or  (b)  if  the
     8  principal's  wishes  are not reasonably known and cannot with reasonable
     9  diligence be ascertained, in accordance with the principal's best inter-
    10  ests[; provided, however, that if the principal's wishes  regarding  the
    11  administration  of artificial nutrition and hydration are not reasonably
    12  known and cannot with reasonable diligence  be  ascertained,  the  agent
    13  shall  not  have  the  authority to make decisions regarding these meas-
    14  ures].
    15    § 4. This act shall take effect on the ninetieth day  after  it  shall
    16  have  become  a  law,  provided that the amendments to sections 2981 and
    17  2982 of the public health law made by sections two and three of this act
    18  shall apply to decisions made pursuant to health  care  proxies  created
    19  prior  to the effective date of this act as well as those created there-
    20  after.