S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4055
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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 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.  PROVIDING NUTRI-
 TION  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 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 PROVIDED BY MEANS OF MEDICAL TREAT-
 MENT)  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 physi-
 cian,  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 inter-
 ests[;  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  meas-
 ures].
   §  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  there-
 after.