What's happening
This bill amends the public health law to clarify decision-making authority regarding artificial nutrition and hydration in health care proxies.
Why it matters
Clarifies that feeding or hydrating someone by mouth (without medical devices or interventions) is not considered "health care" under the law. , which means these actions are not subject to restrictions or requirements that apply to medical treatments—potentially reducing legal or bureaucratic barriers for caregivers.
Removes the previous requirement that a health care agent can only decide about artificial nutrition and hydration (like feeding tubes) if the principal’s wishes are known. , allowing agents to make these decisions based on the patient's best interests even when explicit instructions are lacking.
Lets individuals use their health care proxy form to state specific wishes or limits about withholding or withdrawing life-sustaining treatment (including artificial nutrition and hydration), but does not require it. , giving patients more flexibility and clearer guidance for their agents without imposing a default restriction.
Applies these changes retroactively to existing health care proxies. , which could immediately impact the authority of agents and the way end-of-life care decisions are made for people who already have these documents in place.
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Who cares
Headline styles
Change Health Proxy Defaults
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4055
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. 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 nutrition and hydration decision standard
The People of the State of New York, represented in Senate and Assembly, 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. Providing nutrition or hydration orally, without reliance on medical treatment, is not health care under this article and is not subject to this article.
§ 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 nutrition 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 treatment) 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05485-01-7
A. 4055 2
2. Decision-making standard. After consultation with a licensed physician, 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 interests[; 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 measures].
§ 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 thereafter.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.