The New York State Senate

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

                                   730

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by M. of A. L. 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.
                                                           LBD02549-01-9

A. 730                              2

  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
diligence be ascertained, in accordance with the principal's best inter-
ests[;  provided,  however, that if the principal's wishes regarding the
administration of artificial nutrition and hydration are not  reasonably
known  and  cannot  with  reasonable diligence be ascertained, the agent
shall not have the authority to make  decisions  regarding  these  meas-
ures].
  §  4.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments  to  sections  2981  and
2982 of the public health law made by sections two and three of this act
shall  apply  to  decisions made pursuant to health care proxies created
prior to the effective date of this act as well as those created  there-
after.