S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1480

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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 added by chapter 752 of the
laws of 1990, 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 AND SWORN
TO BEFORE THE NOTARY PUBLIC.
  S  2.  Subdivision  2  of  section  2982  of the public health law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:
  2. Decision-making standard. After consultation with a licensed physi-
cian,  registered  nurse,  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 inter-
ests; provided, however, that if the principal's  wishes  regarding  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01060-01-5
              

A. 1480                             2

administration  of artificial nutrition and hydration are not reasonably
known and cannot with reasonable 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 OPIN-
ION FROM TWO MEDICAL DOCTORS, WHO ARE NOT THE PERSON'S ATTENDING  PHYSI-
CIAN, STATING THAT THEY AGREE WITH THE HEALTH CARE DECISION.
  S 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.
  S 4. This act shall take effect immediately.