S T A T E   O F   N E W   Y O R K
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                                   811

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 16, 2009
                               ___________

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, is 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.
                                                           LBD06271-01-9
              

S. 811                              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.