Assembly Bill A3787

Vetoed By Governor
2009-2010 Legislative Session

Relates to witnesses to a health care proxy

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Archive: Last Bill Status Via S1990 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2009-A3787 (ACTIVE) - Details

See Senate Version of this Bill:
S1990
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2186
2013-2014: A619
2015-2016: A308
2017-2018: A1219
2019-2020: A611
2021-2022: A1303
2023-2024: A385

2009-A3787 (ACTIVE) - Summary

Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses.

2009-A3787 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3787

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M. of A. ROSENTHAL, KELLNER -- 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, 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, EXCEPT FOR PERSONS
WHO RESIDE IN MENTAL HEALTH  FACILITIES  OPERATED  OR  LICENSED  BY  THE
OFFICE OF MENTAL HEALTH OR THE OFFICE OF MENTAL RETARDATION AND DEVELOP-
MENTAL  DISABILITIES,  WHO  SHALL SIGN SUCH PROXY IN THE PRESENCE OF TWO
ADULT WITNESSES WHO SHALL ALSO SIGN THE PROXY.  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]  ONE  adult  [witnesses]  WITNESS who shall sign the
proxy. The [witnesses] WITNESS 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.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04172-01-9

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