Bill > A04774

This bill restores medical futility as a basis for Do Not Resuscitate (DNR) orders in New York, specifically addressing situations where resuscitation would be medically ineffective. The legislation amends existing laws, including the Public Health Law and the Surrogate's Court Procedure Act, to allow healthcare providers to enter a DNR order when two physicians independently determine that resuscitation would be unsuccessful in restoring cardiac and respiratory function, or if the patient would experience repeated cardiac arrests before death. Previously, the Family Health Care Decisions Act (FHCDA) did not have a specific standard for medically futile resuscitation, making it difficult to apply in certain cases. The bill applies to both patients with and without surrogates, and includes provisions for patients with developmental disabilities. It allows healthcare providers to make these decisions when they can reasonably determine, to a medical certainty and in accordance with accepted medical standards, that resuscitation would not be beneficial. The changes provide clearer guidance for medical professionals in end-of-life care situations, ensuring that patients are not subjected to futile medical interventions that would cause unnecessary suffering or distress.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/A4774