S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  730--A
 
                        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 -- 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
   hydration and nutrition 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,  INCLUDING
 HYDRATION AND NUTRITION.
   § 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

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

                                                            LBD02549-02-9

 A. 730--A                           2
 
 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
 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.