Restores medical futility as a basis for DNR
This bill restores a specific medical futility standard as a basis for Do Not Resuscitate (DNR) orders under New York's Family Health Care Decisions Act (FHCDA) and surrogate court procedures. It allows two physicians to determine that resuscitation would be medically futile - meaning it would not restore heart or breathing function or would lead to repeated cardiac arrests before death - without requiring court approval for patients lacking decision-making capacity. This directly affects patients in end-of-life situations, particularly those with developmentally disabilities, by providing a clearer pathway for DNR orders when resuscitation is deemed ineffective. The change amends existing laws to reintroduce this criterion, which was removed when the FHCDA replaced New York's former DNR law in 2010.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jun 2026
Senate Passage
Jun 2026
Assembly Passage
Governor
Introduced Jan 14, 2025
Last action Jun 4, 2026
Floor votes · Senate Jun 4, 2026
How they voted
36–24
Passed · 3 other
Total votes 63
Jun 4, 2026
D
Democratic41
87% Yea
R
Republican22
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
8
Key actions
1
Committee
3
Jun 4, 2026
Committee
REFERRED TO HEALTH
lower
Jun 4, 2026
Upper · Passed
PASSED SENATE
upper
Jan 7, 2026
Committee
REFERRED TO HEALTH
upper
Jan 14, 2025
Committee
REFERRED TO HEALTH
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Gustavo Rivera
DDemocratic/Working Families
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