Assembly Actions -
Senate Actions - UPPERCASE
|May 04, 2015||
recommit, enacting clause stricken
|Apr 17, 2015||
referred to health
Senate Bill S4794
2015-2016 Legislative Session
Archive: Last Bill Status - Stricken
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S4794 (ACTIVE) - Details
2015-S4794 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4794 TITLE OF BILL: An act to amend the public health law, in relation to the artificial nutrition and hydration decision standard PURPOSE OF GENERAL IDEA OF BILL: This is one of a series of seven bills, informally referred to as the "Surrogate Decision-Making Improvement Acts." The bills make technical/minor, clarifying and coordinating amendments and other improvements to the NYS laws that govern health care decisions, including life-sustaining treatment decisions, for patients who lack decision-making capacity. The SDMIAs address these topics: * SDMIA 1 Technical / Minor Amendments * SDMIA 2 Repeals PHL Art. 29-B Orders Not to Resuscitate for Patients in Mental Hygiene Facilities * SDMIA 3 Determining Patient Incapacity * SDMIA 4 Decisions by a Health Care Agent About Artificial Nutrition and Hydration * SDMIA 5 Confirm the Primacy of a Patient's Clear Prior Decision * SDMIA 6 Restore Medical Futility as a Basis for a DNR Order * SDMIA 7 Life-Sustaining Treatment Decisions for Developmentally Disabled Persons This bill, SDMIA 4, makes the agents decision
2015-S4794 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4794 2015-2016 Regular Sessions I N S E N A T E April 17, 2015 ___________ 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. 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. LBD04304-01-5
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