Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
916
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
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
A. 916 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.Every fact on this page links to its source, starting with the official bill record.