S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3863
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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 ASSEM-
 BLY, 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 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
 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 OPIN-
 ION  FROM TWO MEDICAL DOCTORS, WHO ARE NOT THE PERSON'S ATTENDING PHYSI-
 CIAN, 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.