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S4922Senate2013-2014 SessionSame asA619

Relates to witnesses to a health care proxy and the crime of forgery in the second degree

Sponsor Diane J. SavinoSD-23Affects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

Chair, Labor

No co-sponsors yet.

History

  1. Referred to health
  2. 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.

A619Assembly

Relates to witnesses to a health care proxy and the crime of forgery in the second degree

In Assembly Committee · Rules · Sponsor Linda Rosenthal

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4922

Title of bill

An act to amend the public health law, in relation to witnesses to a health care proxy and to amend the penal law, in relation to the crime of forgery in the second degree

Purpose or general idea of bill

To change the number of witnesses required for the appointment of a health care agent by health care proxy.

Summary of specific provisions

Section 1 amends paragraph (a) of subdivision 2 of section 2981 of the public health law to require one adult witness present at the signing of a health care proxy, with the exception of persons residing at mental health facilities licensed by the state, who will sign health care proxies in the presence of two adult witnesses.

Section 2 amends the penal law to include a potential violation of this benefit under the crime of forgery in the second degree.

Justification

Individuals deserve to have their health care wishes honored, yet a large majority of New York residents do not have a health care proxy for times when they cannot express their health care preferences. As a result, their wishes are often unknown, and they might be given medical treatment that they would not want or not given treatment that matches their choices. This bill streamlines the process of assigning a health care proxy by reducing the number of witnesses required to be present at the signing of the proxy. The legislation makes an exception for those individuals who are more vulnerable by maintaining the requirement for two witnesses for individuals who reside in mental health facilities operated and licensed by the state. In these instances, the presence of two witnesses provides protection against exploitation.

Prior legislative history

A.2186 of 2011-2012 A.3787 of 2009-2010 A.10581 of 2007-2008

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.