Senate Bill S5893

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5893
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 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 708 of
 the laws of 2019, 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 619 of the laws  of  2024,  is  amended  to  read  as
 follows:
   2. Decision-making standard. After consultation with a licensed physi-
 cian,   registered   nurse,  physician  assistant,  nurse  practitioner,
 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 interests; provided, however,  that
 if  the  principal's  wishes  regarding the administration of artificial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10505-01-5
              

 S. 5893                             2
 
 nutrition and hydration are not reasonably known and cannot with reason-
 able 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 OPINION FROM TWO MEDICAL DOCTORS, WHO
 ARE  NOT  THE PERSON'S ATTENDING PHYSICIAN, 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; provided, however, if
 chapter 619 of the laws of 2024 shall not have taken effect on or before
 such date then section two of this act shall take  effect  on  the  same
 date  and  in the same manner as such chapter of the laws of 2024, takes
 effect.