|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Nov 17, 2023 |
approval memo.22 signed chap.636 |
| Nov 13, 2023 |
delivered to governor |
| Jun 07, 2023 |
returned to assembly passed senate 3rd reading cal.853 substituted for s5100 |
| Jun 07, 2023 |
substituted by a2190 |
| May 15, 2023 |
advanced to third reading |
| May 10, 2023 |
2nd report cal. |
| May 09, 2023 |
1st report cal.853 |
| Feb 22, 2023 |
referred to health |
Senate Bill S5100
Signed By Governor2023-2024 Legislative Session
Sponsored By
(D) 30th Senate District
Current Bill Status Via A2190 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2023-S5100 (ACTIVE) - Details
2023-S5100 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5100
SPONSOR: CLEARE
TITLE OF BILL:
An act to amend the public health law, in relation to providing for the
remote conduct of witnessing health care proxies
PURPOSE:
The purpose of this bill is to modernize certain aspects of completing a
health care proxy by authorizing various remote witnessing procedures.
SUMMARY OF PROVISIONS:
Section one amends section 2981 of the public health law to add a new
subdivision 2-a to: authorize witnessing of a health care proxy via
audio-video technology, provided certain conditions are met; require one
adult witness for such witnessing, provided that the principal is not a
resident of an OMB or OPWDD facility, in which case two witnesses would
still be required; and authorize, for principals who do not have appro-
priate technology, to utilize witnessing via telephone, provided that
2023-S5100 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5100
2023-2024 Regular Sessions
I N S E N A T E
February 22, 2023
___________
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.
LBD01025-01-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Does this mean that while remote witnessing is allowed the principal still has to execute the document by signing with wet-ink? Does this bill address STT 57A, Article 3 section 307?