STATE OF NEW YORK ________________________________________________________________________ 788 2025-2026 Regular Sessions IN SENATE (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: 1 Section 1. The opening paragraph of section 2992 of the public health 2 law, as amended by a chapter of the laws of 2024 amending the public 3 health law relating to making technical, minor and coordinating amend- 4 ments regarding health care agents and proxies, decisions under the 5 family health care decisions act, and nonhospital orders not to resusci- 6 tate, as proposed in legislative bills numbers S. 3283-A and A. 7184-A, 7 is amended to read as follows: 8 The health care provider or guardian of the principal under article 9 eighty-one of the mental hygiene law or article seventeen-A of the 10 surrogate's court procedure act, members of the principal's family, a 11 close friend of the principal as defined in subdivision four of section 12 twenty-nine hundred ninety-four-a of this chapter, or the commissioner, 13 the commissioner of mental health, or the commissioner of developmental 14 disabilities may commence a special proceeding pursuant to article four 15 of the civil practice law and rules, in a court of competent jurisdic- 16 tion, with respect to any dispute arising under this article, including, 17 but not limited to, a proceeding to: 18 § 2. Paragraph (b) of subdivision 3 of section 2994-e of the public 19 health law, as amended by a chapter of the laws of 2024 amending the 20 public health law relating to making technical, minor and coordinating 21 amendments regarding health care agents and proxies, decisions under the 22 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 1 tate, as proposed in legislative bills numbers S. 3283-A and A. 7184-A, 2 is amended to read as follows: 3 (b) If the hospital can with reasonable efforts ascertain the identity 4 of the parents or guardian of an emancipated minor patient and obtain 5 such parents' or guardian's contact information, the hospital shall 6 [make diligent efforts to] notify such persons, and [documents] document 7 such [diligent efforts] notification in the patient's medical record, 8 prior to withholding or withdrawing life-sustaining treatment pursuant 9 to this subdivision. 10 § 3. Subdivision 12 of section 2994-aa of the public health law is 11 REPEALED. 12 § 4. Subdivisions 2 and 6 of section 2994-dd of the public health law, 13 as amended by a chapter of the laws of 2024 amending the public health 14 law relating to making technical, minor and coordinating amendments 15 regarding health care agents and proxies, decisions under the family 16 health care decisions act, and nonhospital orders not to resuscitate, as 17 proposed in legislative bills numbers S. 3283-A and A. 7184-A, are 18 amended to read as follows: 19 2. A nonhospital order not to resuscitate shall be issued upon a stan- 20 dard form prescribed by the commissioner. A standard bracelet or other 21 article [that] may be worn by a patient with a nonhospital order not to 22 resuscitate to identify that status; provided, however, that no person 23 may require a patient to wear such [a bracelet] an article and that no 24 person may require a patient to wear such [a bracelet] an article as a 25 condition for honoring a nonhospital order not to resuscitate or for 26 providing health care services. 27 6. The commissioner may authorize the use of one or more alternative 28 forms for issuing a nonhospital order not to resuscitate (in place of 29 the standard form prescribed by the commissioner under subdivision two 30 of this section). Such alternative form or forms may also be used to 31 issue a non-hospital do not intubate order. Any such alternative forms 32 intended for use for persons with developmental disabilities or persons 33 with mental illness who are incapable of making their own health care 34 decisions or who have a guardian of the person appointed pursuant to 35 article eighty-one of the mental hygiene law or article seventeen-A of 36 the surrogate's court procedure act must also be approved by the commis- 37 sioner of developmental disabilities or the commissioner of mental 38 health, as appropriate. An alternative form under this subdivision shall 39 otherwise conform with applicable federal and state law. This subdivi- 40 sion does not limit, restrict or impair the use of an alternative form 41 for issuing an order not to resuscitate in a general hospital or resi- 42 dential health care facility under article twenty-eight of this chapter 43 or a hospital under subdivision ten of section 1.03 of the mental 44 hygiene law [or a developmental disabilities services office under 45 section 13.17 of the mental hygiene law] or a facility certified or 46 operated by the office for people with developmental disabilities. 47 § 5. This act shall take effect on the same date and in the same 48 manner as a chapter of the laws of 2024 amending the public health law 49 relating to making technical, minor and coordinating amendments regard- 50 ing health care agents and proxies, decisions under the family health 51 care decisions act, and nonhospital orders not to resuscitate, as 52 proposed in legislative bills numbers S. 3283-A and A. 7184-A, takes 53 effect.