Bill > S01964

This bill improves and standardizes the process for determining a patient's incapacity to make health care decisions across various healthcare settings in New York. It modifies existing public health law to require a more comprehensive and consistent approach to assessing patient capacity, particularly for life-sustaining treatment decisions. The bill mandates that an initial determination of incapacity be made by an attending practitioner in writing, including an assessment of the cause, nature, extent, and probable duration of the incapacity. For decisions involving life-sustaining treatment, a second independent concurring determination must be made by a qualified health or social services practitioner. The bill also provides specific qualification requirements for practitioners making capacity determinations, especially in cases involving mental illness or developmental disabilities. Additionally, it clarifies that a practitioner who has been appointed as a patient's agent cannot make the determination of the patient's capacity. The legislation aims to ensure more rigorous and standardized medical assessments of patient decision-making capacity, with particular attention to protecting patients' rights and ensuring accurate medical evaluations across different healthcare contexts.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S1964