Assembly Bill A9515

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9515
 
                           I N  A S S E M B L Y
 
                             January 12, 2026
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to  requirements  for  the  provision of medication for medical aid in
   dying; and to amend a chapter of the laws of 2025 amending the  public
   health  law relating to a terminally ill patient's request for and use
   of medication for medical aid in dying,  as  proposed  in  legislative
   bills  numbers  S.  138  and  A. 136, in relation to the effectiveness
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 4, 5, 11, 13, 17 and 18 of section 2899-d of
 the public health law, as added by a chapter of the laws of 2025  amend-
 ing the public health law relating to a terminally ill patient's request
 for  and  use  of  medication  for  medical aid in dying, as proposed in
 legislative bills numbers S. 138 and A. 136,  are  amended  to  read  as
 follows:
   4.  "Consulting  physician"  means  a  physician  who  is qualified by
 specialty or experience to make a professional diagnosis  and  prognosis
 regarding a [person's] PATIENT'S terminal illness or condition.
   5.  "Health  care facility" means a general hospital, nursing home, or
 residential health care facility  as  defined  in  section  twenty-eight
 hundred  one  of  this  chapter, or a hospice as defined in section four
 thousand two of this chapter[; provided that for the purposes of section
 twenty eight hundred ninety-nine-m  of  this  article,  "hospice"  shall
 refer  only to a facility providing in-patient hospice care or a hospice
 residence].
   11. "Mental health professional" means [a licensed physician, who is a
 diplomate or eligible to be certified by a national board of psychiatry,
 psychiatric nurse practitioner, or psychologist, licensed  or  certified
 under  the education law acting within such mental health professional's
 scope of practice and who is  qualified,  by  training  and  experience,
 certification, or board certification or eligibility, to make a determi-
 nation under section twenty-eight hundred ninety-nine-i of this article]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00320-02-6
 A. 9515                             2
 
 AN INDIVIDUAL (A) LICENSED TO PRACTICE MEDICINE IN NEW YORK STATE WHO IS
 A  DIPLOMATE  OF  THE  AMERICAN  BOARD OF PSYCHIATRY AND NEUROLOGY OR IS
 ELIGIBLE TO BE CERTIFIED BY THAT BOARD OR IS CERTIFIED BY  THE  AMERICAN
 OSTEOPATHIC  BOARD  OF  NEUROLOGY  AND  PSYCHIATRY  OR IS ELIGIBLE TO BE
 CERTIFIED BY THAT BOARD; OR (B) LICENSED TO  PRACTICE  PSYCHOLOGY  UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   13. "Patient" means a [person] RESIDENT OF NEW YORK STATE who is eigh-
 teen years of age or older under the care of a physician.
   17.  "Terminal  illness or condition" means an incurable and irrevers-
 ible illness or condition that has been medically  confirmed  and  will,
 within  reasonable  medical  judgment,  produce  death within six months
 WHETHER OR NOT TREATMENT IS PROVIDED.
   18. "Third-party health care  payer"  has  its  ordinary  meaning  and
 includes, but is not limited to, an insurer, organization or corporation
 licensed  or  certified  under article thirty-two, forty-three or forty-
 seven of the insurance law, or article forty-four of the  public  health
 law;  or an entity such as a pharmacy benefits manager[, fiscal adminis-
 trator, or administrative services provider  that  participates  in  the
 administration of a third-party health care payer system] OR THIRD-PARTY
 ADMINISTRATOR.
   §  2.  Subdivisions  1, 2 and 3 of section 2899-e of the public health
 law, as added by a chapter of the  laws  of  2025  amending  the  public
 health law relating to a terminally ill patient's request for and use of
 medication  for  medical  aid in dying, as proposed in legislative bills
 numbers S.  138 and A. 136, are amended to read as follows:
   1. Oral and written request. A patient wishing to  request  medication
 under  this  article  shall  make  an  oral request and submit a written
 request to the patient's attending physician. IF A PATIENT IS NOT  PHYS-
 ICALLY CAPABLE OF MAKING AN ORAL REQUEST, SUCH REQUEST CAN BE MADE USING
 AN  ALTERNATIVE  METHOD  OF  COMMUNICATION FAMILIAR TO THE PATIENT. ORAL
 REQUESTS MADE UNDER THIS SUBDIVISION MUST BE RECORDED  BY  AN  AUDIO  OR
 VIDEO DEVICE AND PERMANENTLY STORED IN THE PATIENT'S MEDICAL RECORD.
   2.  Making a written request. A patient may make a written request for
 and consent to self-administer medication for the purpose of ending such
 patient's life in accordance with this article if the patient:
   (a) has been determined by the attending physician to have a  terminal
 illness  or  condition  and  which  has  been  medically  confirmed by a
 consulting physician; and
   (b) based on an informed decision, [expresses]  REQUESTS  voluntarily,
 of  the  patient's  own volition and without coercion [the request for],
 medication to end such patient's life.
   3. Written request signed and witnessed. (a)  A  written  request  for
 medication  under  this article shall be signed and dated by the patient
 and witnessed by at least  two  adults  who,  in  the  presence  of  the
 patient, attest that to the best of the persons knowledge and belief the
 patient  has  decision-making capacity, is acting voluntarily, is making
 the request for medication of the patient's  own  volition  and  is  not
 being  coerced  to  sign  the  request.  The written request shall be in
 substantially the form described in section twenty-eight  hundred  nine-
 ty-nine-k of this article.
   (b) Both witnesses shall be adults who are not:
   (i) a relative of the patient by blood, marriage or adoption;
   (ii)  a person who at the time the request is signed would be entitled
 to any portion of the estate of the patient upon death under any will or
 by operation of law OR WOULD  OTHERWISE  BENEFIT  FINANCIALLY  FROM  THE
 DEATH OF THE PATIENT;
 A. 9515                             3
 
   (iii)  an  owner,  operator,  employee  or independent contractor of a
 health care facility where the patient is receiving treatment  or  is  a
 resident;
   (iv)  a  domestic  partner  of  the patient, as defined in subdivision
 seven of section twenty-nine hundred ninety-four-a of this chapter;
   (v) an agent under the patient's  health  care  proxy  as  defined  in
 subdivision  five of section twenty-nine hundred eighty of this chapter;
 or
   (vi) an agent acting under a power of  attorney  for  the  patient  as
 defined in section 5-1501 of the general obligations law.
   (c)  The  attending  physician, consulting physician and[, if applica-
 ble,] the mental health  professional  who  provides  a  decision-making
 capacity  determination of the patient under this article shall not be a
 witness.
   § 3. Section 2899-f of the public health law, as added by a chapter of
 the laws of 2025 amending the public health law relating to a terminally
 ill patient's request for and use  of  medication  for  medical  aid  in
 dying,  as  proposed  in legislative bills numbers S. 138 and A. 136, is
 amended to read as follows:
   § 2899-f. Attending  physician  responsibilities.  1.  [The]  UPON   A
 PATIENT'S REQUEST FOR A MEDICAL AID-IN-DYING PRESCRIPTION, THE attending
 physician shall examine the patient IN PERSON and the patient's relevant
 medical  records  [and], PROVIDED, HOWEVER, THAT THE ATTENDING PHYSICIAN
 MAY WAIVE THE IN-PERSON EXAMINATION REQUIREMENT AND CONDUCT THE EXAMINA-
 TION VIA TELEHEALTH  IF  THE  PHYSICIAN  DETERMINES,  WITHIN  REASONABLE
 MEDICAL  JUDGMENT,  AND  DOCUMENTS  IN THE PATIENT'S MEDICAL RECORD THAT
 REQUIRING AN IN-PERSON VISIT WOULD RESULT IN EXTRAORDINARY  HARDSHIP  TO
 THE  PATIENT.  FOR PURPOSES OF THIS SUBDIVISION, THE TERM "EXTRAORDINARY
 HARDSHIP" SHALL MEAN CIRCUMSTANCES IN  WHICH  AN  IN-PERSON  EXAMINATION
 WOULD  CAUSE  THE  PATIENT UNDUE PAIN OR SUFFERING, OR WOULD NECESSITATE
 EXTRAORDINARY  EXPENSE  OR  LOGISTICAL  BURDEN  FOR  MEDICALLY-NECESSARY
 TRANSPORTATION.  IN  SUCH  CASES,  THE  EXAMINATION MAY BE CONDUCTED VIA
 TELEHEALTH ONCE THE ATTENDING PHYSICIAN AFFIRMS THAT ALL OTHER  REQUIRE-
 MENTS  OF  THIS  ARTICLE  HAVE BEEN FULFILLED.   THE ATTENDING PHYSICIAN
 SHALL ALSO:
   (a) make a determination of whether a patient has a  terminal  illness
 or  condition,  has decision-making capacity, has made an informed deci-
 sion and has made the request voluntarily of the patient's own  volition
 and without coercion;
   (b)  inform  the  patient  of  the  requirement under this article for
 confirmation by a consulting physician,  and  refer  the  patient  to  a
 consulting physician upon the patient's request;
   (c)  INFORM  THE  PATIENT  OF  THE  REQUIREMENT UNDER THIS ARTICLE FOR
 CONFIRMATION BY A MENTAL HEALTH PROFESSIONAL, AND refer the patient to a
 mental health professional [pursuant  to  section  twenty-eight  hundred
 ninety-nine-i  of  this article if the attending physician believes that
 the patient may lack decision-making capacity to make an informed  deci-
 sion] UPON THE PATIENT'S REQUEST;
   (d)  provide  information  and  counseling  under  section twenty-nine
 hundred ninety-seven-c of this chapter, PROVIDED, HOWEVER, THAT  IF  THE
 ATTENDING PHYSICIAN IS NOT WILLING OR DOES NOT FEEL QUALIFIED TO PROVIDE
 THE  PATIENT  WITH  INFORMATION AND COUNSELING UNDER THIS PARAGRAPH, THE
 ATTENDING PHYSICIAN MAY ARRANGE FOR ANOTHER PHYSICIAN TO DO SO, OR SHALL
 REFER OR TRANSFER THE PATIENT TO ANOTHER PHYSICIAN WILLING TO DO SO;
   (e) ensure that the patient is making an informed decision by discuss-
 ing with the patient: (i) the patient's medical diagnosis and prognosis;
 A. 9515                             4
 
 (ii) the potential risks associated with taking  the  medication  to  be
 prescribed;  (iii)  the  probable  result of taking the medication to be
 prescribed; (iv) the possibility that the patient may choose  to  obtain
 the medication but not take it; (v) the feasible alternatives and appro-
 priate  treatment  options, including but not limited to (1) information
 and counseling regarding palliative and  hospice  care  and  end-of-life
 options  appropriate  to  the patient, including but not limited to: the
 range of options appropriate to the patient; the  prognosis,  risks  and
 benefits  of  the  various  options;  and  the patient's legal rights to
 comprehensive pain and symptom management at the end of  life;  and  (2)
 information  regarding  treatment  options  appropriate  to the patient,
 including the prognosis, risks and benefits  of  the  various  treatment
 options;
   (f)  offer  to  refer  the  patient  for  other  appropriate treatment
 options, including but not limited to palliative care and hospice care;
   (g) provide health literate  and  culturally  appropriate  educational
 material regarding hospice and palliative care that has been prepared by
 the  department  in  consultation  with  representatives  of hospice and
 palliative care providers from all regions of New York state,  and  that
 is  available  on  the  department's  website  for  access and download,
 provided, however, an otherwise eligible patient cannot be  denied  care
 under this article if these materials are not developed by the effective
 date of this article;
   (h) discuss with the patient the importance of:
   (i)  having  another person present when the patient takes the medica-
 tion and the restriction that no  person  other  than  the  patient  may
 administer the medication;
   (ii) not taking the medication in a public place; and
   (iii)  informing  the  patient's  family  of the patient's decision to
 request and take medication that will end the patient's life; a  patient
 who declines or is unable to notify family shall not have such patient's
 request for medication denied for that reason;
   (i)  inform  the patient that such patient may rescind the request for
 medication at any time and in any manner;
   (j) fulfill the medical record documentation requirements  of  section
 twenty-eight hundred ninety-nine-j of this article; and
   (k)  ensure  that  all appropriate steps are carried out in accordance
 with this article before writing a prescription for medication.
   2. Upon receiving confirmation from a consulting physician AND  MENTAL
 HEALTH  PROFESSIONAL under section twenty-eight hundred ninety-nine-h of
 this article and [subject to] section twenty-eight hundred ninety-nine-i
 of this article, RESPECTIVELY, the attending  physician  who  determines
 that  the patient has a terminal illness or condition, has decision-mak-
 ing capacity and has made a voluntary request for medication as provided
 in this article, may personally, or by referral  to  another  physician,
 prescribe  or  order  appropriate  medication  in  accordance  with  the
 patient's request under this article,  and  at  the  patient's  request,
 facilitate  the  filling of the prescription and delivery of the medica-
 tion to the patient.
   3. A PRESCRIPTION FOR MEDICATION SHALL NOT BE FILLED UNTIL  FIVE  DAYS
 AFTER  THE PRESCRIPTION HAS BEEN WRITTEN, UNLESS THE PATIENT'S ATTENDING
 PHYSICIAN HAS MEDICALLY CONFIRMED THAT  THE  QUALIFIED  INDIVIDUAL  MAY,
 WITHIN  REASONABLE  MEDICAL  JUDGMENT,  DIE BEFORE THE EXPIRATION OF THE
 WAITING PERIOD IDENTIFIED HEREIN, IN WHICH CASE, THE PRESCRIPTION MAY BE
 FILLED ONCE THE ATTENDING PHYSICIAN AFFIRMS THAT ALL OTHER  REQUIREMENTS
 PURSUANT  TO  THIS  ARTICLE  HAVE BEEN FULFILLED. SUCH PRESCRIPTION MUST
 A. 9515                             5
 
 INDICATE THE DATE AND TIME THAT  THE  PRESCRIPTION  FOR  MEDICATION  WAS
 WRITTEN  AND  INDICATE  THE FIRST ALLOWABLE DATE AND TIME WHEN IT MAY BE
 FILLED.
   4.  In  accordance  with  the direction of the prescribing or ordering
 physician and the consent of the patient, the patient may  self-adminis-
 ter  the  medication  to themselves. A health care professional or other
 person shall not administer the medication to the patient.
   § 4. Subdivision 2 of section 2899-h of  the  public  health  law,  as
 added  by  a  chapter of the laws of 2025 amending the public health law
 relating to a terminally ill patient's request for and use of medication
 for medical aid in dying, as proposed in legislative  bills  numbers  S.
 138 and A. 136, is amended to read as follows:
   2.  confirm,  in  writing, to the attending physician and the patient,
 whether: (a) the patient has a terminal illness or  condition;  (b)  the
 patient  is  making  an informed decision; (c) the patient has decision-
 making capacity[, or provide documentation that the consulting physician
 has referred the patient for a determination under section  twenty-eight
 hundred  ninety-nine-i  of  this article]; and (d) the patient is acting
 voluntarily, of the patient's own volition and without coercion.
   § 5. Section 2899-i of the public health law, as added by a chapter of
 the laws of 2025 amending the public health law relating to a terminally
 ill patient's request for and use  of  medication  for  medical  aid  in
 dying,  as  proposed  in legislative bills numbers S. 138 and A. 136, is
 amended to read as follows:
   § 2899-i. [Referral to mental] MENTAL health professional RESPONSIBIL-
 ITIES. 1. [If the attending physician or the consulting physician deter-
 mines that the patient may lack  decision-making  capacity  to  make  an
 informed  decision  due to a condition, including, but not limited to, a
 psychiatric  or  psychological  disorder,  or  other  condition  causing
 impaired  judgement,  the  attending  physician  or consulting physician
 shall refer the patient to a mental health professional for  a  determi-
 nation  of  whether  the patient has decision-making capacity to make an
 informed decision. The referring physician shall advise the patient that
 the report of the mental health professional will  be  provided  to  the
 attending physician and the consulting physician.
   2.  A mental health professional who evaluates a] BEFORE A PATIENT WHO
 IS REQUESTING MEDICATION MAY RECEIVE A PRESCRIPTION FOR MEDICATION UNDER
 THIS ARTICLE, A MENTAL HEALTH PROFESSIONAL  MUST  EVALUATE  THE  patient
 [under  this  section  shall]  AND  report, in writing, to the attending
 physician and the consulting physician, the mental health professional's
 independent conclusions about whether the  patient  has  decision-making
 capacity  to make an informed decision, provided that if, at the time of
 the report, the patient has not yet been referred to a consulting physi-
 cian, then upon referral  the  attending  physician  shall  provide  the
 consulting  physician  with  a  copy of the mental health professional's
 report. If the mental health professional determines  that  the  patient
 lacks decision-making capacity to make an informed decision, the patient
 shall  not be deemed a qualified individual, and the attending physician
 shall not prescribe medication to the patient.
   [3.] 2. A determination made pursuant to this section  that  an  adult
 patient lacks decision-making capacity shall not be construed as a find-
 ing  that  the  patient  lacks  decision-making  capacity  for any other
 purpose.
   § 6. Subdivision 4 of section 2899-j of  the  public  health  law,  as
 added  by  a  chapter of the laws of 2025 amending the public health law
 relating to a terminally ill patient's request for and use of medication
 A. 9515                             6

 for medical aid in dying, as proposed in legislative  bills  numbers  S.
 138 and A. 136, is amended to read as follows:
   4.  [if applicable,] written [confirmation] DETERMINATION of decision-
 making capacity under section twenty-eight hundred ninety-nine-i of this
 article; and
   § 7. Section 2899-k of the public health law, as added by a chapter of
 the laws of 2025 amending the public health law relating to a terminally
 ill patient's request for and use  of  medication  for  medical  aid  in
 dying,  as  proposed  in legislative bills numbers S. 138 and A. 136, is
 amended to read as follows:
   § 2899-k. Form of  written  request  and  witness  attestation.  1.  A
 request  for medication under this article shall be in substantially the
 following form:
                   REQUEST FOR MEDICATION TO END MY LIFE

   I, _________________________________, am an adult  who  has  decision-
 making  capacity, which means I understand and appreciate the nature and
 consequences of health care decisions, including the benefits and  risks
 of  and  alternatives  to  any  proposed  health  care,  and to reach an
 informed decision and to communicate health care decisions to  a  physi-
 cian.
   I  have  been  diagnosed  with  (insert diagnosis), which my attending
 physician has determined is a terminal illness or condition,  which  has
 been  medically  confirmed  by  a consulting physician AND MENTAL HEALTH
 PROFESSIONAL AND WILL, IN THE JUDGMENT  OF  THE  PHYSICIANS  AND  MENTAL
 HEALTH  PROFESSIONAL,  PRODUCE  DEATH  WITHIN  SIX MONTHS WHETHER OR NOT
 TREATMENT IS PROVIDED.
   I have been fully informed of my diagnosis and prognosis,  the  nature
 of  the  medication to be prescribed and potential associated risks, the
 expected result, and the feasible  alternatives  and  treatment  options
 including but not limited to palliative care and hospice care.
   I  request  that my attending physician prescribe medication that will
 end my life if I choose to take it, and I authorize my attending  physi-
 cian to contact another physician or any pharmacist about my request.
 
   INITIAL ONE:
   (    )  I  have informed or intend to inform one or more members of my
 family of my decision.
   (  ) I have decided not to inform any member of my family of my  deci-
 sion.
   (  ) I have no family to inform of my decision.
   I  understand that I have the right to rescind this request or decline
 to use the medication at any time.
   I understand the importance of this request, and I expect to die if  I
 take the medication to be prescribed. I further understand that although
 most  deaths  occur within three hours, my death may take longer, and my
 attending physician has counseled me about this possibility.
   I make this request voluntarily, of my own volition and without  being
 coerced, and I accept full responsibility for my actions.
 
 Signed: __________________________
 
 Dated: ___________________________
 
                         DECLARATION OF WITNESSES
 A. 9515                             7
 
   I  declare that the person signing this "Request for Medication to End
 My Life":
   (a) is personally known to me or has provided proof of identity;
   (b)  voluntarily signed the "Request for Medication to End My Life" in
 my presence or acknowledged to me that the person signed it; and
   (c) to the best of my knowledge and belief, has decision-making capac-
 ity and is making the "Request for Medication to End My Life"  voluntar-
 ily,  of  the person's own volition and is not being coerced to sign the
 "Request for Medication to End My Life".
   I am not the attending physician or consulting physician of the person
 signing the "Request for Medication to End My Life" or[, if applicable,]
 the mental health professional who provides a  decision-making  capacity
 determination  of  the person signing the "Request for Medication to End
 My Life" at the time the "Request for Medication to  End  My  Life"  was
 signed.
   I  further  declare  under penalty of perjury that the statements made
 herein are true and correct and false statements made herein are punish-
 able.
   I further declare that I am not (i) related to the above-named patient
 by blood, marriage or adoption[,]; (ii) entitled at the time the patient
 signed the "Request for Medication to End My Life" to any portion of the
 estate of the patient upon such patient's death under  any  will  or  by
 operation of law, or OTHERWISE IN A POSITION TO BENEFIT FINANCIALLY FROM
 THE  PATIENT'S  DEATH; (iii) an owner, operator, employee or independent
 contractor of a health care facility  where  the  patient  is  receiving
 treatment  or  is a resident; (IV) A DOMESTIC PARTNER OF THE PATIENT, AS
 DEFINED  IN   SUBDIVISION   SEVEN   OF   SECTION   TWENTY-NINE   HUNDRED
 NINETY-FOUR-A  OF  THE  PUBLIC  HEALTH  LAW; (V) AN AGENT, AS DEFINED IN
 SUBDIVISION FIVE OF SECTION TWENTY-NINE HUNDRED  EIGHTY  OF  THE  PUBLIC
 HEALTH  LAW, UNDER THE PATIENT'S HEALTH CARE PROXY; OR (VI) AN AGENT, AS
 DEFINED IN SECTION 5-1501 OF THE GENERAL OBLIGATIONS LAW, ACTING UNDER A
 POWER OF ATTORNEY FOR THE PATIENT.
 
 Witness 1, Date:
 
 (Printed name)
 
 (Address)
 
 (Telephone number)
 
 Witness 2, Date:
 
 (Printed name)
 
 (Address)
 
 (Telephone number)
 
   2. (a) The "Request for Medication to End My Life" shall be written in
 the same language as any conversations,  consultations,  or  interpreted
 conversations or consultations between a patient and at least one of the
 patient's attending or consulting physicians.
   (b)  Notwithstanding  paragraph  (a)  of this subdivision, the written
 "Request for Medication to End My Life" may be prepared in English  even
 when  the conversations or consultations or interpreted conversations or
 A. 9515                             8
 
 consultations were conducted in a language other than  English  or  with
 auxiliary  aids  or  hearing,  speech  or  visual  aids,  if the English
 language form includes an attached declaration by the interpreter of the
 conversation  or  consultation,  which  shall  be  in  substantially the
 following form:
 
                         INTERPRETER'S DECLARATION
 
   I, (insert name of interpreter), (mark as applicable):
   (  ) for a patient whose conversations or consultations or interpreted
 conversations or consultations were conducted in a language  other  than
 English and the "Request for Medication to End My Life" is in English: I
 declare that I am fluent in English and (insert target language). I have
 the  requisite  language  and interpreter skills to be able to interpret
 effectively, accurately and impartially information shared and  communi-
 cations  between  the  attending  or  consulting  physician and (name of
 patient).
   I certify that on (insert date), at  approximately  (insert  time),  I
 interpreted  the  communications  and  information  conveyed between the
 physician and (name of patient) as accurately and completely to the best
 of my knowledge and ability and read the "Request for Medication to  End
 My Life" to (name of patient) in (insert target language).
   (Name  of  patient)  affirmed  to me such patient's desire to sign the
 "Request for Medication  to  End  My  Life"  voluntarily,  of  (name  of
 patient)'s own volition and without coercion.
   (  )  for  a  patient  with  a speech, hearing or vision disability: I
 declare that I have the requisite language, reading  and/or  interpreter
 skills  to  communicate  with  the patient and to be able to read and/or
 interpret effectively, accurately and impartially information shared and
 communications that occurred on (insert date) between the  attending  or
 consulting physician and (name of patient).
   I  certify  that  on  (insert date), at approximately (insert time), I
 read and/or interpreted  the  communications  and  information  conveyed
 between the physician and (name of patient) impartially and as accurate-
 ly  and  completely  to  the best of my knowledge and ability and, where
 needed for effective communication, read or interpreted the "Request for
 Medication to End my Life" to (name of patient).
   (Name of patient) affirmed to me such patient's  desire  to  sign  the
 "Request  for  Medication  to  End  My  Life"  voluntarily,  of (name of
 patient)'s own volition and without coercion.
   I further declare under penalty of perjury that (i) the  foregoing  is
 true  and  correct;  (ii)  I  am not (A) related to (name of patient) by
 blood, marriage or adoption[,];  (B)  entitled  at  the  time  (name  of
 patient)  signed  the  "Request  for  Medication  to End My Life" to any
 portion of the estate of (name of patient)  upon  such  patient's  death
 under  any  will  or  by operation of law, or OTHERWISE IN A POSITION TO
 BENEFIT FINANCIALLY FROM THE PATIENT'S DEATH; (C)  an  owner,  operator,
 employee or independent contractor of a health care facility where (name
 of patient) is receiving treatment or is a resident, except that if I am
 an  employee  or  independent  contractor  at such health care facility,
 providing interpreter services is part of my  job  description  at  such
 health  care  facility  or  I  have  been trained to provide interpreter
 services and (name of patient)  requested  that  I  provide  interpreter
 services  to  such  patient for the purposes stated in this Declaration;
 (D) A DOMESTIC PARTNER OF THE PATIENT, AS DEFINED IN  SUBDIVISION  SEVEN
 OF  SECTION  TWENTY-NINE HUNDRED NINETY-FOUR-A OF THE PUBLIC HEALTH LAW;
 A. 9515                             9
 
 (E) AN AGENT, AS DEFINED IN  SUBDIVISION  FIVE  OF  SECTION  TWENTY-NINE
 HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW, UNDER THE PATIENT'S HEALTH CARE
 PROXY;  OR  (F)  AN  AGENT,  AS DEFINED IN SECTION 5-1501 OF THE GENERAL
 OBLIGATIONS  LAW,  ACTING UNDER A POWER OF ATTORNEY FOR THE PATIENT; and
 (iii) false statements made herein are punishable.

 Executed at (insert city, county and  state)  on  this  (insert  day  of
 month) of (insert month), (insert year).
 
 (Signature of Interpreter)
 
 (Printed name of Interpreter)
 
 (ID # or Agency Name)
 
 (Address of Interpreter)
 
 (Language Spoken by Interpreter)
 
   (c)  An interpreter whose services are provided under paragraph (b) of
 this subdivision shall not (i) be related to the patient who  signs  the
 "Request   for  Medication  to  End  My  Life"  by  blood,  marriage  or
 adoption[,]; (ii) be entitled at the time the "Request for Medication to
 End My Life" is signed by the patient to any portion of  the  estate  of
 the  patient upon death under any will or by operation of law, or OTHER-
 WISE IN A POSITION TO BENEFIT  FINANCIALLY  FROM  THE  PATIENT'S  DEATH;
 (iii)  be  an  owner,  operator, employee or independent contractor of a
 health care facility where the patient is receiving treatment  or  is  a
 resident;  provided that an employee or independent contractor whose job
 description at the health care facility includes interpreter services or
 who is  trained  to  provide  interpreter  services  and  who  has  been
 requested  by  the patient to serve as an interpreter under this article
 shall not be prohibited from serving as an interpreter under this  arti-
 cle;  (IV)  BE A DOMESTIC PARTNER OF THE PATIENT, AS DEFINED IN SUBDIVI-
 SION SEVEN OF SECTION TWENTY-NINE HUNDRED NINETY-FOUR-A OF THIS CHAPTER;
 (V) BE AN AGENT, AS DEFINED IN SUBDIVISION FIVE OF  SECTION  TWENTY-NINE
 HUNDRED  EIGHTY  OF THIS CHAPTER, UNDER THE PATIENT'S HEALTH CARE PROXY;
 OR (VI) BE AN AGENT, AS DEFINED IN SECTION 5-1501 OF THE  GENERAL  OBLI-
 GATIONS LAW, ACTING UNDER A POWER OF ATTORNEY FOR THE PATIENT.
   §  8.  Subdivision  2  of  section 2899-m of the public health law, as
 added by a chapter of the laws of 2025 amending the  public  health  law
 relating to a terminally ill patient's request for and use of medication
 for  medical  aid  in dying, as proposed in legislative bills numbers S.
 138 and A. 136, is amended and a new subdivision 3 is added to  read  as
 follows:
   2.  (a)  A  private health care facility may prohibit the prescribing,
 dispensing, ordering or  self-administering  of  medication  under  this
 article  while  the patient is being treated in THE HEALTH CARE FACILITY
 OR IN AN  AFFILIATED  FACILITY  THAT  IS  MAJORITY-OWNED,  OPERATED,  OR
 CONTROLLED  BY THE SAME CORPORATE ENTITY AS THE HEALTH CARE FACILITY, or
 while the patient is residing in the health care facility if:
   (i) the prescribing, dispensing,  ordering  or  self-administering  is
 contrary  to  a formally adopted policy of the HEALTH CARE facility that
 is  expressly  based  on  sincerely  held  religious  beliefs  or  moral
 convictions  central to the HEALTH CARE facility's operating principles;
 and
 A. 9515                            10
 
   (ii) the HEALTH CARE facility has informed the patient of such  policy
 prior to admission or as soon as reasonably possible.
   (b)  Where a HEALTH CARE facility has adopted a prohibition under this
 subdivision, if a patient who wishes to use medication under this  arti-
 cle  requests,  the  patient  shall  be  transferred promptly to another
 health care facility that is reasonably  accessible  under  the  circum-
 stances  and willing to permit the prescribing, dispensing, ordering and
 self-administering of medication under this article with respect to  the
 patient.
   (B-1) A HEALTH CARE FACILITY OR AN AFFILIATED FACILITY THAT IS MAJORI-
 TY-OWNED,  OPERATED,  OR  CONTROLLED BY THE SAME CORPORATE ENTITY AS THE
 HEALTH CARE FACILITY THAT HAS ADOPTED A PROHIBITION UNDER THIS  SUBDIVI-
 SION  MAY  RESTRICT  ANY EMPLOYEE FROM PARTICIPATING IN THE PROVISION OF
 MEDICATION UNDER THIS ARTICLE.
   (c) Where a health care facility has adopted a prohibition under  this
 subdivision,  any  health  care  provider  or  employee  or  independent
 contractor of the HEALTH CARE facility OR ANY FACILITY THAT  IS  MAJORI-
 TY-OWNED,  OPERATED,  OR  CONTROLLED BY THE SAME CORPORATE ENTITY AS THE
 HEALTH CARE FACILITY who violates the  prohibition  may  be  subject  to
 sanctions  otherwise available to the HEALTH CARE facility, provided the
 HEALTH CARE facility has previously notified the health  care  provider,
 employee or independent contractor of the prohibition in writing.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT A PATIENT AT
 HOME FROM ACCESSING CARE UNDER THIS ARTICLE.
   §  9.  Subdivision  4  of  section 2899-n of the public health law, as
 added by a chapter of the laws of 2025 amending the  public  health  law
 relating to a terminally ill patient's request for and use of medication
 for  medical  aid  in dying, as proposed in legislative bills numbers S.
 138 and A. 136, is amended to read as follows:
   4. An insurer or third-party health care payer shall not  provide  any
 information  in  communications made to a patient about the availability
 of medication under this article absent a request by the patient  or  by
 such  patient's  attending  physician  upon the request of such patient.
 [Any communication shall not include both the  denial  of  coverage  for
 treatment  and  information  as  to the availability of medication under
 this article.] ANY COMMUNICATION FROM AN INSURER OR  THIRD-PARTY  HEALTH
 CARE  PAYER INDICATING A DENIAL OF COVERAGE FOR TREATMENT SHALL NOT ALSO
 INCLUDE ANY INFORMATION AS TO THE AVAILABILITY OF MEDICATION  PRESCRIBED
 UNDER  THIS  ARTICLE.  This  subdivision  does  not bar the inclusion of
 information as to the coverage of medication and  professional  services
 under this article in information generally stating what is covered by a
 third-party  health  care  payer or provided in response to a request by
 the patient or by such patient's attending physician upon the request of
 the patient.
   § 10. Section 6530 of the education law is amended  by  adding  a  new
 subdivision 51 to read as follows:
   51.  A  VIOLATION  OF  ARTICLE TWENTY-EIGHT-F OF THE PUBLIC HEALTH LAW
 AND/OR REGULATIONS PROMULGATED THEREUNDER.
   § 11. Section 3 of a chapter of the laws of 2025 amending  the  public
 health law relating to a terminally ill patient's request for and use of
 medication  for  medical  aid in dying, as proposed in legislative bills
 numbers S. 138 and A. 136, is amended to read as follows:
   § 3. This act shall take  effect  [immediately]  ON  THE  ONE  HUNDRED
 EIGHTIETH  DAY AFTER IT SHALL HAVE BECOME A LAW.  EFFECTIVE IMMEDIATELY,
 THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR  REGULATION  NECES-
 SARY  FOR  THE  IMPLEMENTATION  OF  THIS  ACT  ON ITS EFFECTIVE DATE ARE
 A. 9515                            11
 
 AUTHORIZED TO BE MADE AND COMPLETED ON OR BEFORE  SUCH  EFFECTIVE  DATE.
 NOTWITHSTANDING  ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRA-
 TIVE PROCEDURE ACT, SUCH RULES OR REGULATIONS MAY BE ADOPTED ON AN EMER-
 GENCY BASIS.
   §  12. This act shall take effect immediately; provided, however, that
 the provisions of sections one, two,  three,  four,  five,  six,  seven,
 eight,  nine  and ten of this act shall take effect on the same date and
 in the same manner as a chapter of the laws of 2025 amending the  public
 health law relating to a terminally ill patient's request for and use of
 medication  for  medical  aid in dying, as proposed in legislative bills
 numbers S. 138 and A. 136, takes effect.