S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3245
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  BRONSON, DAVILA -- read once and
   referred 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:

   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:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00668-02-5
              

 A. 3245                             2
 
 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 two
 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.