S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    788
 
                        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 Rules
 
 AN ACT to amend the public health law, in relation to health care agents
   and proxies, decisions under the family health care decisions act, and
   nonhospital  orders  not  to  resuscitate;  and  to   repeal   certain
   provisions of the public health law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The opening paragraph of section 2992 of the public health
 law, as amended by a chapter of the laws of  2024  amending  the  public
 health  law  relating to making technical, minor and coordinating amend-
 ments regarding health care agents  and  proxies,  decisions  under  the
 family health care decisions act, and nonhospital orders not to resusci-
 tate,  as proposed in legislative bills numbers S. 3283-A and A. 7184-A,
 is amended to read as follows:
   The health care provider OR GUARDIAN of the  principal  under  article
 eighty-one  of  the  mental  hygiene  law  or article seventeen-A of the
 surrogate's court procedure act, members of the  principal's  family,  a
 close  friend of the principal as defined in subdivision four of section
 twenty-nine hundred ninety-four-a of this chapter, or the  commissioner,
 the  commissioner of mental health, or the commissioner of developmental
 disabilities may commence a special proceeding pursuant to article  four
 of  the  civil practice law and rules, in a court of competent jurisdic-
 tion, with respect to any dispute arising under this article, including,
 but not limited to, a proceeding to:
   § 2. Paragraph (b) of subdivision 3 of section 2994-e  of  the  public
 health  law,  as  amended  by a chapter of the laws of 2024 amending the
 public health law relating to making technical, minor  and  coordinating
 amendments regarding health care agents and proxies, decisions under the
 family health care decisions act, and nonhospital orders not to resusci-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02697-01-5
 S. 788                              2
 
 tate, as proposed in legislative bills numbers S. 3283-A and A.  7184-A,
 is amended to read as follows:
   (b) If the hospital can with reasonable efforts ascertain the identity
 of  the  parents  or guardian of an emancipated minor patient AND OBTAIN
 SUCH PARENTS' OR GUARDIAN'S  CONTACT  INFORMATION,  the  hospital  shall
 [make diligent efforts to] notify such persons, and [documents] DOCUMENT
 such  [diligent  efforts]  NOTIFICATION in the patient's medical record,
 prior to withholding or withdrawing life-sustaining  treatment  pursuant
 to this subdivision.
   §  3.  Subdivision  12  of section 2994-aa of the public health law is
 REPEALED.
   § 4. Subdivisions 2 and 6 of section 2994-dd of the public health law,
 as amended by a chapter of the laws of 2024 amending the  public  health
 law  relating  to  making  technical,  minor and coordinating amendments
 regarding health care agents and proxies,  decisions  under  the  family
 health care decisions act, and nonhospital orders not to resuscitate, as
 proposed  in  legislative  bills  numbers  S.  3283-A and A. 7184-A, are
 amended to read as follows:
   2. A nonhospital order not to resuscitate shall be issued upon a stan-
 dard form prescribed by the commissioner.  A standard bracelet or  other
 article  [that] may be worn by a patient with a nonhospital order not to
 resuscitate to identify that status; provided, however, that  no  person
 may  require  a patient to wear such [a bracelet] AN ARTICLE and that no
 person may require a patient to wear such [a bracelet] AN ARTICLE  as  a
 condition  for  honoring  a  nonhospital order not to resuscitate or for
 providing health care services.
   6. The commissioner may authorize the use of one or  more  alternative
 forms  for  issuing  a nonhospital order not to resuscitate (in place of
 the standard form prescribed by the commissioner under  subdivision  two
 of  this  section).  Such  alternative form or forms may also be used to
 issue a non-hospital do not intubate order. Any such  alternative  forms
 intended  for use for persons with developmental disabilities or persons
 with mental illness who are incapable of making their  own  health  care
 decisions  or  who  have  a guardian of the person appointed pursuant to
 article eighty-one of the mental hygiene law or article  seventeen-A  of
 the surrogate's court procedure act must also be approved by the commis-
 sioner  of  developmental  disabilities  or  the  commissioner of mental
 health, as appropriate. An alternative form under this subdivision shall
 otherwise conform with applicable federal and state law.  This  subdivi-
 sion  does  not limit, restrict or impair the use of an alternative form
 for issuing an order not to resuscitate in a general hospital  or  resi-
 dential  health care facility under article twenty-eight of this chapter
 or a hospital under subdivision  ten  of  section  1.03  of  the  mental
 hygiene  law  [or  a  developmental  disabilities  services office under
 section 13.17 of the mental hygiene law]  OR  A  FACILITY  CERTIFIED  OR
 OPERATED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   §  5.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2024 amending the public  health  law
 relating  to making technical, minor and coordinating amendments regard-
 ing health care agents and proxies, decisions under  the  family  health
 care  decisions  act,  and  nonhospital  orders  not  to resuscitate, as
 proposed in legislative bills numbers S. 3283-A  and  A.  7184-A,  takes
 effect.