Assembly Bill A8633

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8633

                          I N  A S S E M B L Y

                            January 29, 2014
                               ___________

Introduced  by M. of A. SIMOTAS, JAFFEE, GALEF -- read once and referred
  to the Committee on Health

AN ACT to amend the public health law, in relation to decisions by preg-
  nant women regarding life-sustaining treatment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2994-v to read as follows:
  S 2994-V.  DECISIONS  REGARDING  LIFE-SUSTAINING  TREATMENT;  PREGNANT
WOMEN.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, ANY PREGNANT WOMAN
WHO:
  1. IS ADMITTED AS AN INPATIENT TO A HOSPITAL AND, AT THE TIME OF  SUCH
ADMISSION,  LACKS  DECISION  MAKING  CAPACITY  REGARDING LIFE-SUSTAINING
TREATMENT, OR WHO LOSES SUCH DECISION MAKING CAPACITY WHILE ADMITTED  TO
A HOSPITAL; AND
  2.  PRIOR  TO SUCH INCAPACITY HAS EXPRESSED HER WISHES AND PREFERENCES
REGARDING  LIFE-SUSTAINING  TREATMENT,  EITHER  INDIVIDUALLY  OR  BY  OR
THROUGH A HEALTH CARE AGENT, PROXY, GUARDIAN OR OTHER SURROGATE,
  SHALL  HAVE  HER  WISHES AND PREFERENCES CONSIDERED IN THE SAME MANNER
AND TO THE SAME EXTENT THAT SUCH WISHES AND PREFERENCES WOULD HAVE  BEEN
CONSIDERED  IF SUCH WOMAN WAS NOT PREGNANT, PROVIDED, THAT IF SUCH WOMAN
IS GREATER THAN TWENTY-FOUR WEEKS PREGNANT, SUCH HOSPITAL SHALL MAKE ALL
REASONABLE EFFORTS TO PRESERVE THE LIFE OF SUCH WOMAN'S UNBORN CHILD.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13540-01-4