New York A 3245: Changes the default standard on statutory health proxy forms regarding life-sustaining treatment standards

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A03245 Summary:

BILL NOA03245A

&nbsp

SAME ASSAME AS S00350-A

&nbsp

SPONSORRosenthal

&nbsp

COSPNSRBronson, Davila

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MLTSPNSR

&nbsp

Amd §§2980, 2981 & 2982, Pub Health L

&nbsp

Relates to life-sustaining treatment standards.

Go to top A03245 Actions:

BILL NOA03245A

&nbsp

01/27/2025referred to health

02/18/2025amend and recommit to health

02/18/2025print number 3245a

01/07/2026referred to health

Go to topA03245 Committee&nbspVotes:

Go to topA03245 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03245 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3245--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, BRONSON, DAVILA -- read once and
 referred to the Committee on Health -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 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 619 of the laws of 2024, is amended to read as
 22 follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00668-04-5

 A. 3245--A 2

 1 2. Decision-making standard. After consultation with a licensed physi-
 2 cian, registered nurse, physician assistant, nurse practitioner,
 3 licensed psychologist, licensed master social worker, or a licensed
 4 clinical social worker, the agent shall make health care decisions: (a)
 5 in accordance with the principal's wishes, including the principal's
 6 religious and moral beliefs; or (b) if the principal's wishes are not
 7 reasonably known and cannot with reasonable diligence be ascertained, in
 8 accordance with the principal's best interests[; provided, however, that
 9 if the principal's wishes regarding the administration of artificial
 10 nutrition and hydration are not reasonably known and cannot with reason-
 11 able diligence be ascertained, the agent shall not have the authority to
 12 make decisions regarding these measures].
 13 § 4. This act shall take effect on the ninetieth day after it shall
 14 have become a law; provided, however, that the amendments to sections
 15 2981 and 2982 of the public health law made by sections two and three of
 16 this act shall apply to decisions made pursuant to health care proxies
 17 created prior to the effective date of this act as well as those created
 18 thereafter; and provided, further, that if chapter 619 of the laws of
 19 2024 shall not have taken effect on or before such date then section
 20 three of this act shall take effect on the same date and in the same
 21 manner as such chapter of the laws of 2024, takes effect.

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