Bill Text: NY S05388 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HEALTH [S05388 Detail]

Download: New_York-2017-S05388-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5388
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 24, 2017
                                       ___________
        Introduced  by  Sen.  LANZA  -- 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  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
        S. 5388                             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.