S 1964 New York Senate · 2025 Regular Session

Conforms and improves the process for determining incapacity

S 1964 updates New York's process for determining a patient's incapacity to make healthcare decisions, primarily affecting patients who cannot make their own medical choices and the healthcare providers involved. It requires an initial written determination by a treating doctor, followed by a second independent assessment by a qualified specialist (like a psychiatrist for mental illness cases or a developmental disability specialist) specifically for decisions about life-sustaining treatment. Hospitals must establish written policies outlining the training and credentials needed for staff making these concurring determinations. The bill aims to standardize and strengthen the review process while ensuring determinations are made by appropriately qualified professionals.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2025 Last action Jan 7, 2026