What's happening
This bill requires health care proxies to be notarized, restricts end-of-life decisions by agents without additional doctor approval, and mandates certain disclosures on death certificates.
Why it matters
Switching from witnesses to a notary for health care proxies could make the process both more secure and potentially less accessible. requiring notarization may deter fraud but also adds a hurdle for those without easy access to a notary.
Agents making decisions that could end a life must now secure written agreement from two independent physicians. , not including the patient’s own doctor, adding new layers of medical oversight and potentially delaying end-of-life care decisions.
Death certificates must disclose if death followed a proxy agent’s decision to withdraw food or fluids. , which could affect data collection, family transparency, and future debates about end-of-life care and patient rights.
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Who cares
Headline styles
Tighten Health Proxy Rules
Plain English, a few words. Used as the page title.
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.
Tighten Health Proxy Rules
In Senate Committee · Health · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6439
2019-2020 Regular Sessions
IN ASSEMBLY
March 7, 2019
Introduced by M. of A. CUSICK -- read once and referred 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 Assembly, do enact as follows:
Section 1. The subdivision heading and paragraph (a) of subdivision 2 of section 2981 of the public health law, as amended by chapter 342 of the laws of 2018, are amended to read as follows:
Health care proxy; execution[; witnesses]. (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 adult witnesses who shall also sign the proxy] and sworn to before a notary public. Another person 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 witnesses who shall sign the proxy. The 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] a notary public.
§ 2. Subdivision 2 of section 2982 of the public health law, as amended by chapter 230 of the laws of 2004, is amended to read as follows:
2. Decision-making standard. After consultation with a licensed physician, registered nurse, licensed psychologist, licensed master social worker, or a licensed clinical social worker, the agent shall make health care decisions: (a) in accordance with the principal's wishes, including the principal's religious and moral beliefs; or (b) if the principal's wishes are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the principal's best interests; provided, however, that if the principal's wishes regarding the administration of artificial nutrition and hydration are not reasonably
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10007-01-9
A. 6439 2
known and cannot with reasonable diligence be ascertained, the agent shall not have the authority to make decisions regarding these measures; provided, however, the agent may not make health care decisions which will eventually end the life of a person without receiving written opinion from two medical doctors, who are not the person's attending physician, stating that they agree with the health care decision.
§ 3. Subdivision 4 of section 4141 of the public health law is amended by adding a new paragraph (e) to read as follows:
(e) Where a death is the result of the health care decision of a health care agent which caused the withdrawal of nutrition or hydration, it shall be stated on the death certificate.
§ 4. This act shall take effect immediately.
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.