Assembly Bill A4055

2017-2018 Legislative Session

Relates to changing the default standard on statutory health proxy forms regarding life-sustaining treatment standards

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A4055 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981 & 2982, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A4055

2017-A4055 (ACTIVE) - Summary

Relates to life-sustaining treatment standards.

2017-A4055 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4055
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, GOTTFRIED, BRONSON -- 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. 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.
   § 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 amended 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:
   ______________________________________________________________________
   ______________________________________________________________________
   ______________________________________________________________________
   §  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.
                                                            LBD05485-01-7

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