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Assembly Bill A9566B

2013-2014 Legislative Session

Relates to life-sustaining treatment standards

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A9566 - Details

See Senate Version of this Bill:
S7154
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981 & 2982, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A674, S4794
2017-2018: A4055
2019-2020: A730
2021-2022: A2634
2023-2024: A1448
2025-2026: A3245

2013-A9566 - Summary

Relates to life-sustaining treatment standards.

2013-A9566 - Bill Text download pdf 

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

                                  9566

                          I N  A S S E M B L Y

                               May 7, 2014
                               ___________

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

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

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

  Section 1. Paragraph (d) of subdivision  5  of  section  2981  of  the
public  health  law,  as  added  by  chapter 752 of the laws of 1990, is
amended to read as follows:
  (d) A health care proxy may, but need not, be in the following form:
                             Health Care Proxy
  I             (name of principal)               hereby appoint  (name,
home  address  and telephone number of agent) as my health care agent to
make any and all health care decisions for me, except to  the  extent  I
state otherwise.
  This  health care proxy shall take effect in the event I become unable
to make my own health care decisions.
  NOTE: Although not necessary, and neither encouraged nor  discouraged,
you  may  wish  to  state instructions or wishes, and limit your agent's
authority. [Unless your agent knows your wishes about artificial  nutri-
tion  and  hydration, your agent will not have authority to decide about
artificial  nutrition  and  hydration.]   If   you   choose   to   state
instructions, wishes, or limits, please do so below:
  ______________________________________________________________________
  ______________________________________________________________________
  ______________________________________________________________________
  I  direct my agent to make health care decisions in accordance with my
wishes and instructions as stated above or as otherwise known to him  or
her.  I  also  direct my agent to abide by any limitations on his or her
authority as stated above or as otherwise known to him or her.
  In the event the person  I  appoint  above  is  unable,  unwilling  or
unavailable to act as my health care agent, I hereby appoint (name, home
address  and  telephone  number  of  alternate  agent) as my health care
agent.

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

co-Sponsors

2013-A9566A - Details

See Senate Version of this Bill:
S7154
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981 & 2982, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A674, S4794
2017-2018: A4055
2019-2020: A730
2021-2022: A2634
2023-2024: A1448
2025-2026: A3245

2013-A9566A - Summary

Relates to life-sustaining treatment standards.

2013-A9566A - Bill Text download pdf 

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

                                 9566--A

                          I N  A S S E M B L Y

                               May 7, 2014
                               ___________

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

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

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

  Section  1. Subdivision 4 of section 2980 of the public health law, as
added by chapter 752 of the laws of 1990, is amended to read as follows:
  4. "Health care" means any treatment, service or procedure to diagnose
or treat an individual's physical or mental condition.  PROVIDING NUTRI-
TION OR HYDRATION ORALLY, WITHOUT RELIANCE ON MEDICAL TREATMENT, IS  NOT
HEALTH CARE UNDER THIS ARTICLE AND IS NOT SUBJECT TO THIS ARTICLE.
  S 2. The fourth undesignated paragraph of paragraph (d) of subdivision
5  of  section 2981 of the public health law, as added by chapter 752 of
the laws of 1990, is amend to read as follows:
  NOTE: Although not necessary, and neither encouraged nor  discouraged,
you  may  wish  to  state instructions or wishes, and limit your agent's
authority. [Unless your agent knows your wishes about artificial  nutri-
tion  and  hydration, your agent will not have authority to decide about
artificial  nutrition  and  hydration.]   If   you   choose   to   state
instructions, wishes, or limits, please do so below:
  ______________________________________________________________________
  ______________________________________________________________________
  ______________________________________________________________________
  S  3.  Subdivision  2  of  section  2982  of the public health law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:
  2. Decision-making standard. After consultation with a licensed physi-
cian,  registered  nurse,  licensed psychologist, licensed master social
worker, or a licensed clinical  social  worker,  the  agent  shall  make
health  care  decisions:  (a) in accordance with the principal's wishes,
including the principal's religious and moral beliefs;  or  (b)  if  the
principal's  wishes  are not reasonably known and cannot with reasonable

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

co-Sponsors

2013-A9566B (ACTIVE) - Details

See Senate Version of this Bill:
S7154
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981 & 2982, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A674, S4794
2017-2018: A4055
2019-2020: A730
2021-2022: A2634
2023-2024: A1448
2025-2026: A3245

2013-A9566B (ACTIVE) - Summary

Relates to life-sustaining treatment standards.

2013-A9566B (ACTIVE) - Bill Text download pdf 

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

                                 9566--B

                          I N  A S S E M B L Y

                               May 7, 2014
                               ___________

Introduced by M. of A. ROSENTHAL, GOTTFRIED -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to  the  Committee  on  Codes  -- 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
  nutrition and hydration decision standard

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

  Section  1. Subdivision 4 of section 2980 of the public health law, as
added by chapter 752 of the laws of 1990, is amended to read as follows:
  4. "Health care" means any treatment, service or procedure to diagnose
or treat an individual's physical or mental condition.  PROVIDING NUTRI-
TION OR HYDRATION ORALLY, WITHOUT RELIANCE ON MEDICAL TREATMENT, IS  NOT
HEALTH CARE UNDER THIS ARTICLE AND IS NOT SUBJECT TO THIS ARTICLE.
  S 2. The fourth undesignated paragraph of paragraph (d) of subdivision
5  of  section 2981 of the public health law, as added by chapter 752 of
the laws of 1990, is amend to read as follows:
  NOTE: Although not necessary, and neither encouraged nor  discouraged,
you  may  wish  to  state instructions or wishes, and limit your agent's
authority. [Unless your agent knows your wishes about artificial  nutri-
tion  and  hydration, your agent will not have authority to decide about
artificial nutrition and hydration.] FOR EXAMPLE,  YOU  MAY  STATE  YOUR
WISHES  REGARDING  WITHHOLDING  OR WITHDRAWING LIFE-SUSTAINING TREATMENT
(INCLUDING HYDRATION AND NUTRITION PROVIDED BY MEANS OF  MEDICAL  TREAT-
MENT)   TO  GUIDE  YOUR  AGENT'S  DECISIONS.  If  you  choose  to  state
instructions, wishes, or limits, please do so below:
  ______________________________________________________________________
  ______________________________________________________________________
  ______________________________________________________________________
  S 3. Subdivision 2 of section  2982  of  the  public  health  law,  as
amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
follows:

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

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