New York S 1964: Conforms and improves the process for determining incapacity

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S01964 Summary:

BILL NOS01964 

&nbsp

SAME ASSAME AS A07413

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SPONSORRIVERA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§2982 - 2984, 2994-c & 2994-cc, Pub Health L; amd §1750-b, SCPA

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Conforms and improves the process for determining incapacity.

Go to top S01964 Actions:

BILL NOS01964 

&nbsp

01/14/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS01964 Committee&nbspVotes:

Go to topS01964 Floor&nbspVotes:

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

Go to topS01964 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1964

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 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 and the surrogate's court proce-
 dure act, in relation to conforming and improving the process for
 determining incapacity

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 2, 3, 4, 5, 6 and 7 of section 2983 of the
 2 public health law are renumbered subdivisions 3, 4, 5, 6, 7 and 8.
 3 § 2. Subdivision 1 of section 2983 of the public health law, as
 4 amended by chapter 708 of the laws of 2019, is amended to read as
 5 follows:
 6 1. [Determination] Initial determination by attending practitioner.
 7 [(a) A] An initial determination that a principal lacks capacity to make
 8 health care decisions shall be made by the attending practitioner to a
 9 reasonable degree of medical certainty. The determination shall be made
 10 in writing and shall contain such attending practitioner's opinion
 11 regarding the cause and nature of the principal's incapacity as well as
 12 its extent and probable duration. The determination shall be included in
 13 the patient's medical record. [For a decision to withdraw or withhold
 14 life-sustaining treatment, the attending practitioner who makes the
 15 determination that a principal lacks capacity to make health care deci-
 16 sions must consult with another physician, physician assistant, or nurse
 17 practitioner to confirm such determination. Such consultation shall also
 18 be included within the patient's medical record.] A practitioner who has
 19 been appointed as a patient's agent shall not make the determination of
 20 the patient's capacity to make health care decisions.
 21 2. Concurring determinations for life-sustaining treatment decisions.
 22 For a decision to withdraw or withhold life-sustaining treatment, the
 23 following shall apply:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03431-01-5

 S. 1964 2

 1 (a) The initial determination that a patient lacks capacity shall be
 2 subject to a concurring determination, independently made by a health or
 3 social services practitioner. A concurring determination shall include
 4 an assessment of the cause and extent of the patient's incapacity and
 5 the likelihood that the patient will regain decision-making capacity,
 6 and shall be included in the patient's medical record. Hospitals shall
 7 adopt written policies identifying the training and credentials of
 8 health or social services practitioners qualified to provide concurring
 9 determinations of incapacity conducted for hospital patients.
 10 (b) If an attending practitioner of a patient in a general hospital or
 11 mental hygiene facility determines that a patient lacks capacity because
 12 of mental illness, [the attending practitioner who makes the determi-
 13 nation must be, or must consult, for the purpose of confirming the
 14 determination, with a qualified psychiatrist] either such practitioner
 15 or the concurring practitioner must have the following qualifications: a
 16 practitioner licensed to practice medicine in New York state, who is a
 17 diplomate or eligible to be certified by the American Board of Psychia-
 18 try and Neurology or who is certified by the American Osteopathic Board
 19 of Neurology and Psychiatry or is eligible to be certified by that
 20 board. A record of such consultation shall be included in the patient's
 21 medical record.
 22 (c) If the attending practitio