What's happening
This bill requires health care proxies to be notarized, mandates extra doctor approval for life-ending decisions, and adds death certificate reporting for deaths caused by withdrawal of nutrition or hydration.
Why it matters
Requiring notarization for health care proxies increases the formality and potential legal barriers for appointing a health care agent. , which could help prevent fraud or coercion but might also make it harder for some people (such as the elderly or those without easy access to a notary) to complete these documents.
Mandating written approval from two independent doctors (not the person’s attending physician) before a health care agent can make end-of-life decisions adds a significant safeguard. this could protect vulnerable patients from premature or inappropriate life-ending choices, but may also delay urgent medical decisions.
Adding a requirement to state on the death certificate when death resulted from withdrawal of nutrition or hydration by a health care agent increases transparency and accountability. ; this could have legal, ethical, and tracking implications, and may affect how such deaths are viewed and reported in public health statistics.
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Who cares
Adults creating health care proxies
The bill would replace the two-witness execution requirement with a requirement that the proxy be sworn to before a notary public.
Health care agents
Before making a health care decision that would eventually end a person's life, agents would need written agreement from two medical doctors who are not the person's attending physician.
Physicians
Doctors other than the attending physician would be asked to provide written opinions agreeing with an agent's life-ending health care decision before the agent could make it.
Death certificate preparers
The bill would require death certificates to state when a death resulted from a health care agent's decision causing the withdrawal of nutrition or hydration.
Headline styles
Tighten Health Proxy Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Assembly Committee · Health · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3863
2019-2020 Regular Sessions
IN SENATE
February 20, 2019
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 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
S. 3863 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.
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 or general idea of bill
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 specific 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 certif- icate.
Section four is an immediate effective date.
Justification
A health care proxy gives authority to an individual to make health care decisions on one's 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 an 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.
Prior legislative history
2018: S.5388 - Referred to Health/A.7485 - Referred to Health 2017: S.5388 - Referred to Health/A.7485 - Referred to Health 2016: S.2547 - Referred to Health/A.1480 - Referred to Health 2015: S.2547 - Referred to Health/A.1480 - Referred to Health 2014: S.2477 - Referred to Health/A.10183 - Referred to Health 2013: S.2477 - Referred to Health 2012: S.4346 - Referred to Health 2011: S.4346 - Referred to Health 2010: S.811 Referred to Health/A.5664 - Referred to Health 2009: S.811 Referred to Health/A.5664 - Referred to Health 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.