NY A07413

Requires an initial determination of a patient's incapacity to make health care decisions to be made by the attending practitioner in writing, with the cause, nature, extent, and probable duration included in the medical record

Mandates a concurring determination by a separate health or social services practitioner for decisions to withdraw or withhold life-sustaining treatment, with hospitals required to adopt written policies on qualifications for practitioners making these determinations

Establishes specific qualification requirements when incapacity is due to mental illness (board-certified or board-eligible psychiatrist) or developmental disability (practitioners with specialized training or experience)

Prohibits any practitioner who has been appointed as a patient's health care agent from making the determination of that patient's capacity

Takes effect 90 days after becoming law and applies to health care proxies created both before and after the effective date