Bill Text: NY S05100 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-06-07 - SUBSTITUTED BY A2190 [S05100 Detail]

Download: New_York-2023-S05100-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5100

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee 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