The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2634
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 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
   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) 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:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00817-01-1

 A. 2634                             2
 
 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.