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Senate Bill S8104

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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2021-S8104 (ACTIVE) - Details

See Assembly Version of this Bill:
A4591
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-S8104 (ACTIVE) - Summary

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

2021-S8104 (ACTIVE) - Sponsor Memo

2021-S8104 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8104
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 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.
                                                            LBD08077-05-2

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