Senate Bill S350A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  350--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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 619 of the laws  of  2024,  is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00668-03-5
 S. 350--A                           2
 
   2. Decision-making standard. After consultation with a licensed physi-
 cian,   registered   nurse,  physician  assistant,  nurse  practitioner,
 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 interests[; provided, however, that
 if  the  principal's  wishes  regarding the administration of artificial
 nutrition and hydration are not reasonably known and cannot with reason-
 able diligence be ascertained, the agent shall not have the authority to
 make decisions regarding these measures].
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, 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
 thereafter;  and  provided,  further, that if chapter 619 of the laws of
 2024 shall not have taken effect on or before  such  date  then  section
 three  of  this  act  shall take effect on the same date and in the same
 manner as such chapter of the laws of 2024, takes effect.