STATE OF NEW YORK
________________________________________________________________________
4967
2021-2022 Regular Sessions
IN SENATE
February 19, 2021
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed 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:
1 Section 1. Subdivision 4 of section 2980 of the public health law, as
2 added by chapter 752 of the laws of 1990, is amended to read as follows:
3 4. "Health care" means any treatment, service or procedure to diagnose
4 or treat an individual's physical or mental condition, including
5 hydration and nutrition.
6 § 2. The fourth undesignated paragraph of paragraph (d) of subdivision
7 5 of section 2981 of the public health law, as added by chapter 752 of
8 the laws of 1990, is amended to read as follows:
9 NOTE: Although not necessary, and neither encouraged nor discouraged,
10 you may wish to state instructions or wishes, and limit your agent's
11 authority. [Unless your agent knows your wishes about artificial nutri-
12 tion and hydration, your agent will not have authority to decide about
13 artificial nutrition and hydration.] For example, you may state your
14 wishes regarding withholding or withdrawing life-sustaining treatment
15 (including hydration and nutrition) to guide your agent's decisions. If
16 you choose to state instructions, wishes, or limits, please do so below:
17 ______________________________________________________________________
18 ______________________________________________________________________
19 ______________________________________________________________________
20 § 3. Subdivision 2 of section 2982 of the public health law, as
21 amended by chapter 230 of the laws of 2004, is amended to read as
22 follows:
23 2. Decision-making standard. After consultation with a licensed physi-
24 cian, registered nurse, licensed psychologist, licensed master social
25 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
S. 4967 2
1 health care decisions: (a) in accordance with the principal's wishes,
2 including the principal's religious and moral beliefs; or (b) if the
3 principal's wishes are not reasonably known and cannot with reasonable
4 diligence be ascertained, in accordance with the principal's best inter-
5 ests[; provided, however, that if the principal's wishes regarding the
6 administration of artificial nutrition and hydration are not reasonably
7 known and cannot with reasonable diligence be ascertained, the agent
8 shall not have the authority to make decisions regarding these meas-
9 ures].
10 § 4. This act shall take effect on the ninetieth day after it shall
11 have become a law, provided that the amendments to sections 2981 and
12 2982 of the public health law made by sections two and three of this act
13 shall apply to decisions made pursuant to health care proxies created
14 prior to the effective date of this act as well as those created there-
15 after.
