senate Bill S7154A

2013-2014 Legislative Session

Relates to life-sustaining treatment standards

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Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 print number 7154a
amend and recommit to health
May 01, 2014 referred to health

S7154 - Details

See Assembly Version of this Bill:
A9566B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981 & 2982, Pub Health L

S7154 - Summary

Relates to life-sustaining treatment standards.

S7154 - Sponsor Memo

S7154 - Bill Text download pdf

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

                                  7154

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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
  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.

S7154A (ACTIVE) - Details

See Assembly Version of this Bill:
A9566B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981 & 2982, Pub Health L

S7154A (ACTIVE) - Summary

Relates to life-sustaining treatment standards.

S7154A (ACTIVE) - Sponsor Memo

S7154A (ACTIVE) - Bill Text download pdf

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

                                 7154--A

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  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.] 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:
  2. Decision-making standard. After consultation with a licensed physi-
cian, registered nurse, licensed psychologist,  licensed  master  social

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

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