Bill Text: NY A02190 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides for the remote witnessing of health care proxies utilizing audio-video technology or telephone.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-11-17 - approval memo.22 [A02190 Detail]

Download: New_York-2023-A02190-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2190

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Health

        AN  ACT to amend the public health law, in relation to providing for the
          remote conduct of witnessing health care proxies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 2981 of the public health law is amended by adding
     2  a new subdivision 2-a to read as follows:
     3    2-a. Alternate  procedure  for  witnessing  of  health  care  proxies.
     4  Witnessing  a  health  care  proxy  under this section may be done using
     5  audio-video technology, for either or both witnesses, provided that  the
     6  following  conditions  are  met  (as  used  in this subdivision, "remote
     7  witness" means a witness acting using audio-visual technology):
     8    (a) The principal, if not personally known to a remote witness,  shall
     9  display  valid  photographic identification to the remote witness during
    10  the audio-video conference;
    11    (b) The audio-video conference  shall  allow  for  direct  interaction
    12  between the principal and any remote witness;
    13    (c) Any remote witness shall receive a legible copy of the health care
    14  proxy,  which  shall  be  transmitted via facsimile or electronic means,
    15  within twenty-four hours of the proxy  being  signed  by  the  principal
    16  during the audio-video conference; and
    17    (d)  The  remote witness shall sign the transmitted copy of the proxy,
    18  and transmit it back to the principal.
    19    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01025-01-3