senate Bill S2477

2013-2014 Legislative Session

Provides certain requirements for health care proxies and death certificates

download bill text pdf

Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Jan 17, 2013 referred to health

S2477 - Details

See Assembly Version of this Bill:
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2981, 2982 & 4141, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4346
2009-2010: S811

S2477 - Summary

Provides certain requirements for health care proxies and death certificates.

S2477 - Sponsor Memo

S2477 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013

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


  Section 1. The 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, 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 AND SWORN
  S 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
  2. Decision-making standard. After consultation with a licensed physi-
cian, 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 inter-
ests;  provided,  however,  that if the principal's wishes regarding the

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


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