What's happening
This bill allows most health care proxies to be witnessed by one adult instead of two, and adds health care proxies to the list of documents covered under second-degree forgery laws.
Why it matters
Streamlines the process of appointing a health care agent. by allowing most people to use just one witness instead of two for health care proxies, making it easier for individuals—especially those with limited access to witnesses—to complete these important documents.
Retains extra safeguards for vulnerable populations. by still requiring two witnesses for residents of facilities operated or licensed by the Office of Mental Health or the Office for People with Developmental Disabilities, recognizing the heightened risk of coercion or abuse in institutional settings.
Increases legal protection against fraud. by explicitly adding health care proxies to the list of documents covered by second-degree forgery laws, elevating the consequences for anyone who forges or alters a health care proxy and thereby better protecting individuals’ medical decision-making rights.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ease Health Proxy Witness Rules
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1219
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ROSENTHAL, GOTTFRIED, GUNTHER, BRONSON, HOOPER, M. G. MILLER -- Multi-Sponsored by -- M. of A. ABINANTI, BLAKE, GLICK, LUPARDO, McKEVITT, THIELE -- read once and referred to the Committee on Health
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2 of section 2981 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows:
(a) A competent adult may appoint a health care agent by a health care proxy, signed and dated by the adult in the presence of [two] one adult [witnesses] witness who shall also sign the proxy. However, a person who resides in a facility operated or licensed by the office of mental health or the office for people with developmental disabilities, shall sign such proxy in the presence of two adult witnesses who shall also sign the proxy. Another person, who shall not be a witness, may sign and date the health care proxy for the adult if the adult is unable to do so, at the adult's direction and in the adult's presence, and in the presence of [two adult] the witness or witnesses who shall sign the proxy. The witness or witnesses shall state that the principal appeared to execute the proxy willingly and free from duress. The person appointed as agent shall not act as witness to execution of the health care proxy.
§ 2. Subdivision 1 of section 170.10 of the penal law, as amended by chapter 949 of the laws of 1984, is amended to read as follows:
1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00 of this part, health care proxy under article twenty-nine-C of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04942-01-7
A. 1219 2
the public health law, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.