Assembly Bill A1448

2023-2024 Legislative Session

Changes the default standard on statutory health proxy forms regarding life-sustaining treatment standards

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Current 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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2023-A1448 (ACTIVE) - Details

See Senate Version of this Bill:
S2777
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981 & 2982, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
A1448, S2777

2023-A1448 (ACTIVE) - Summary

Relates to life-sustaining treatment standards.

2023-A1448 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1448
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, 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.
                                                            LBD00975-01-3

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