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Assembly Bill A11204

2025-2026 Legislative Session

Relates to health and social services practitioners included under the health care proxy law, the family health care decisions act, and nonhospital orders not to resuscitate

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Current Bill Status - In Assembly Committee

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2025-A11204 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2982, 2994-a & 2994-aa, Pub Health L

2025-A11204 (ACTIVE) - Summary

Adds licensed mental health counselors and licensed marriage and family therapists to the health and social services practitioners included under the health care proxy law, the family health care decisions act, and nonhospital orders not to resuscitate.

2025-A11204 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11204
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to making minor
   amendments to the health and social  services  practitioners  included
   under the health care proxy law, the family health care decisions act,
   and nonhospital orders not to resuscitate

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 2982 of the public health law,  as
 amended  by  chapter  619  of  the  laws  of 2024, is amended to read as
 follows:
   2. Decision-making standard. After consultation with a licensed physi-
 cian,  registered  nurse,  physician  assistant,   nurse   practitioner,
 licensed   psychologist,  LICENSED  MENTAL  HEALTH  COUNSELOR,  LICENSED
 MARRIAGE AND FAMILY THERAPIST,  licensed  master  social  worker,  or  a
 licensed  clinical social worker, the agent shall make health care deci-
 sions: (a) in accordance with  the  principal's  wishes,  including  the
 principal's religious and moral beliefs; or (b) if the principal's wish-
 es  are  not  reasonably  known  and cannot with reasonable diligence be
 ascertained,  in  accordance  with  the  principal's   best   interests;
 provided, however, that if the principal's wishes regarding the adminis-
 tration  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 measures.
   § 2. Subdivision 17 of section 2994-a of the  public  health  law,  as
 amended  by  chapter  619  of  the  laws  of 2024, is amended to read as
 follows:
   17. "Health  or  social  services  practitioner"  means  a  registered
 professional  nurse, nurse practitioner, physician, physician assistant,
 psychologist, LICENSED MENTAL HEALTH COUNSELOR,  LICENSED  MARRIAGE  AND
 FAMILY  THERAPIST,  licensed  master social worker, or licensed clinical
 social worker, licensed, certified or authorized under the education law
 acting within such health or social  services  practitioner's  scope  of
 practice.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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