Bill Text: NY A07485 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides certain requirements for health care proxies and death certificates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A07485 Detail]

Download: New_York-2017-A07485-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7485
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 27, 2017
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Health
        AN  ACT  to amend the public health law, in relation to requirements for
          health care proxies and death certificates
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The subdivision heading and paragraph (a) of subdivision 2
     2  of section 2981 of the public health law, as added by chapter 752 of the
     3  laws of 1990, are amended to read as follows:
     4    Health care proxy; execution[; witnesses]. (a) A competent  adult  may
     5  appoint  a health care agent by a health care proxy, signed and dated by
     6  the adult [in the presence of two adult witnesses who  shall  also  sign
     7  the proxy] and sworn to before a notary public.  Another person may sign
     8  and  date  the health care proxy for the adult if the adult is unable to
     9  do so, at the adult's direction and in the adult's presence, and in  the
    10  presence of [two adult witnesses who shall sign the proxy. The witnesses
    11  shall  state  that the principal appeared to execute the proxy willingly
    12  and free from duress. The person appointed as agent  shall  not  act  as
    13  witness to execution of the health care proxy] a notary public and sworn
    14  to before the notary public.
    15    §  2.  Subdivision  2  of  section  2982  of the public health law, as
    16  amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
    17  follows:
    18    2. Decision-making standard. After consultation with a licensed physi-
    19  cian,  registered  nurse,  licensed psychologist, licensed master social
    20  worker, or a licensed clinical  social  worker,  the  agent  shall  make
    21  health  care  decisions:  (a) in accordance with the principal's wishes,
    22  including the principal's religious and moral beliefs;  or  (b)  if  the
    23  principal's  wishes  are not reasonably known and cannot with reasonable
    24  diligence be ascertained, in accordance with the principal's best inter-
    25  ests; provided, however, that if the principal's  wishes  regarding  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10787-01-7
        A. 7485                             2
     1  administration  of artificial nutrition and hydration are not reasonably
     2  known and cannot with reasonable diligence  be  ascertained,  the  agent
     3  shall not have the authority to make decisions regarding these measures;
     4  provided,  however,  the  agent may not make health care decisions which
     5  will eventually end the life of a person without receiving written opin-
     6  ion from two medical doctors, who are not the person's attending  physi-
     7  cian, stating that they agree with the health care decision.
     8    § 3. Subdivision 4 of section 4141 of the public health law is amended
     9  by adding a new paragraph (e) to read as follows:
    10    (e)  Where  a  death  is  the  result of the health care decision of a
    11  health care agent which caused the withdrawal of nutrition or hydration,
    12  it shall be stated on the death certificate.
    13    § 4. This act shall take effect immediately.