S2477-2013 Actions

• Jan 17, 2013: REFERRED TO HEALTH

S2477-2013 Memo

BILL NUMBER:S2477

TITLE OF BILL:  An act to amend the public health law, in relation to
requirements for health care proxies and death certificates

PURPOSE:  To require a health care proxy to be notarized, requires
life ending decisions to be received from two medical doctors and
requires death that is caused by the withdrawal of nutrition or
hydration to be stated on death certificate.

SUMMARY OF PROVISIONS:

Section one amends 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 requiring a health care proxy be sworn
to before a notary public.

Section two amends subdivision 2 of section 2982 of the public health
law requiring the agent in a life ending decision to receive written
opinion from two medical doctors, who are not the patients attending
physician.

Section three amends subdivision 4 of section 4141 of the public
health law by adding a new paragraph (e) to require that if a death
occurs as a result of a health care decision by a health care agent
and is caused by the withdrawal of nutrition or hydration be stated on
the death certificate.

Section four is an immediate effective date.

JUSTIFICATION:  A health care proxy gives authority to an individual
to make health care decisions on ones behalf. A health care proxy
should be notarized to ensure that the wishes of the person who is ill
are carried out as intended. This bill will protect the most
vulnerable and disabled from malicious intent. This legislation would
require the agent of a life ending decision to get two independent
written opinions from two medical doctors who are not involved in the
patients care. This will ensure that the agent has the facts to make a
informed decision in determining the patients care. Having two medical
opinions will give the patient and his or her agent the proper medical
information to ensure that all health care options are explored. In
the case of death, the bill also requires that if death occurs as a
result of a health care decision by an agent that is caused by the
withdrawal of nutrition or hydration that this cause of death be
stated on the death certificate.

LEGISLATIVE HISTORY:  2012: S.4346 - Referred to Health 2011: S.4346 -
Referred to Health 2010: S.811 - Referred to Health/A.5664 - Referred
to Health 2009: S.811 - Referred to Health/A.S564 Referred to Health
2008: S.7266 - Referred to Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

S2477-2013 Text

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

                                    2477

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 17, 2013
                                 ___________

  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 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.
                                                             LBD05472-01-3

 S. 2477                             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.