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Assembly Bill A4591A

2021-2022 Legislative Session

Relates to the remote conduct of witnessing health care proxies

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Archive: Last Bill Status - In Senate Committee Health Committee

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Bill Amendments

2021-A4591 - Details

See Senate Version of this Bill:
S8104
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
A2190

2021-A4591 - Summary

Provides for the remote witnessing of health care proxies utilizing audio-video technology or telephone.

2021-A4591 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4591
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law, in relation to providing for the
   remote conduct of witnessing health care proxies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 2981 of the public health law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A. ALTERNATE PROCEDURE FOR WITNESSING OF HEALTH  CARE  PROXIES.  (A)
 NOTWITHSTANDING  ANY PROVISION OF THIS SECTION TO THE CONTRARY, WITNESS-
 ING PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLO-
 GY PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:
   (I)  THE  PRINCIPAL,  IF  NOT  PERSONALLY  KNOWN  TO  THE  WITNESS  OR
 WITNESSES,  SHALL  PRESENT  VALID PHOTO IDENTIFICATION TO THE WITNESS OR
 WITNESSES DURING THE AUDIO-VIDEO CONFERENCE;
   (II) THE AUDIO-VIDEO CONFERENCE SHALL  ALLOW  FOR  DIRECT  INTERACTION
 BETWEEN THE PRINCIPAL AND THE WITNESS OR WITNESSES;
   (III)  THE  WITNESS  OR  WITNESSES SHALL RECEIVE A LEGIBLE COPY OF THE
 SIGNATURE PAGE, OR PAGES, WHICH SHALL BE TRANSMITTED VIA  FAX  OR  ELEC-
 TRONIC MEANS, WITHIN TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE
 PRINCIPAL DURING THE AUDIO-VIDEO CONFERENCE; AND
   (IV)  THE  WITNESS OR WITNESSES SHALL SIGN THE TRANSMITTED COPY OF THE
 SIGNATURE PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PRINCIPAL.
   (B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  IF
 A  PRINCIPAL  UTILIZES  AUDIO-VIDEO  TECHNOLOGY TO APPOINT A HEALTH CARE
 AGENT BY A HEALTH CARE PROXY PURSUANT TO THIS SUBDIVISION, SUCH APPOINT-
 MENT SHALL ONLY REQUIRE ONE ADULT WITNESS; PROVIDED HOWEVER, A PRINCIPAL
 WHO RESIDES IN A FACILITY OPERATED OR LICENSED BY THE OFFICE  OF  MENTAL
 HEALTH  OR  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, SHALL
 BE REQUIRED TO HAVE TWO ADULT WITNESSES IN ORDER  TO  APPOINT  A  HEALTH
 CARE AGENT BY A HEALTH CARE PROXY UTILIZING AUDIO-VIDEO TECHNOLOGY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A4591A (ACTIVE) - Details

See Senate Version of this Bill:
S8104
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
A2190

2021-A4591A (ACTIVE) - Summary

Provides for the remote witnessing of health care proxies utilizing audio-video technology or telephone.

2021-A4591A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4591--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Health -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN  ACT to amend the public health law, in relation to providing for the
   remote conduct of witnessing health care proxies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2981 of the public health law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A. ALTERNATE  PROCEDURE  FOR  WITNESSING  OF  HEALTH  CARE  PROXIES.
 WITNESSING  A  HEALTH  CARE  PROXY  UNDER THIS SECTION MAY BE DONE USING
 AUDIO-VIDEO TECHNOLOGY, FOR EITHER OR BOTH WITNESSES, PROVIDED THAT  THE
 FOLLOWING  CONDITIONS  ARE  MET  (AS  USED  IN THIS SUBDIVISION, "REMOTE
 WITNESS" MEANS A WITNESS ACTING USING AUDIO-VISUAL TECHNOLOGY):
   (A) THE PRINCIPAL, IF NOT PERSONALLY KNOWN TO A REMOTE WITNESS,  SHALL
 DISPLAY  VALID  PHOTOGRAPHIC IDENTIFICATION TO THE REMOTE WITNESS DURING
 THE AUDIO-VIDEO CONFERENCE;
   (B) THE AUDIO-VIDEO CONFERENCE  SHALL  ALLOW  FOR  DIRECT  INTERACTION
 BETWEEN THE PRINCIPAL AND ANY REMOTE WITNESS;
   (C) ANY REMOTE WITNESS SHALL RECEIVE A LEGIBLE COPY OF THE HEALTH CARE
 PROXY,  WHICH  SHALL  BE  TRANSMITTED VIA FACSIMILE OR ELECTRONIC MEANS,
 WITHIN TWENTY-FOUR HOURS OF THE PROXY  BEING  SIGNED  BY  THE  PRINCIPAL
 DURING THE AUDIO-VIDEO CONFERENCE; AND
   (D)  THE  REMOTE WITNESS SHALL SIGN THE TRANSMITTED COPY OF THE PROXY,
 AND TRANSMIT IT BACK TO THE PRINCIPAL.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08077-03-1

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