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Sponsors
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History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides certain requirements for health care proxies and death certificates
In Assembly Committee · Health · Sponsor Janele Hyer-Spencer
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to requirements for health care proxies and death certificates
Purpose
To require a health care proxy to be notarized, requires life ending decisions to be received from two medical doctors and requires death that is caused by the withdrawal of nutrition or hydration to be stated on death certificate.
Summary of provisions
Section one amends subdivision heading and paragraph (a) of subdivision 2 of section 2981 of the public health law, as added by chapter 752 of the laws of 1990 requiring a health care proxy be sworn to before a notary public.
Section two amends subdivision 2 of section 2982 of the public health law requiring the agent in a life ending decision to receive written opinion from two medical doctors, who are not the patients attending physician.
Section three amends subdivision 4 of section 4141 of the public health law by adding a new paragraph (e) to require that if a death occurs as a result of a health care decision by a health care agent and is caused by the withdrawal of nutrition or hydration be stated on the death certificate.
Section four is an immediate effective date.
Justification
A health care proxy gives authority to an individual to make health care decisions on ones behalf. A health care proxy should be notarized to ensure that the wishes of the person who is ill are carried out as intended. This bill will protect the most vulnerable and disabled from malicious intent. This legislation would require the agent of a life ending decision to get two independent written opinions from two medical doctors who are not involved in the patients care. This will ensure that the agent has the facts to make a informed decision in determining the patients care. Having two medical opinions will give the patient and his or her agent the proper medical information to ensure that all health care options are explored. In the case of death, the bill also requires that if death occurs as a result of a health care decision by an agent that is caused by the withdrawal of nutrition or hydration that this cause of death be stated on the death certificate.
Legislative history
2008: S.7266 - Referred to Health
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.