NY State Senate Bill 2011-S4346

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	notice of committee consideration - withdrawn
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to health
Mar 30, 2011	referred to health

2011-S4346 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2981, 2982 & 4141, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S811
2013-2014: S2477
2015-2016: S2547
2017-2018: S5388
2019-2020: S3863
2021-2022: S5567
2023-2024: S4319

2011-S4346 (ACTIVE) - Summary

Provides certain requirements for health care proxies and death certificates.

2011-S4346 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4346

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:
2010: S.811  - Referred to Health/A.5664 - Referred to Health
2009: S.811  - Referred to Health/A.S664 - Referred to Health
2008: S.7266 - Referred to Health

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
Immediately.

2011-S4346 (ACTIVE) - Bill Text download pdf

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

                                  4346

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 30, 2011
                               ___________

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.
                                                           LBD03783-02-1

S. 4346                             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.

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Senate Bill S4346

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2011-S4346 (ACTIVE) - Details

2011-S4346 (ACTIVE) - Summary

2011-S4346 (ACTIVE) - Sponsor Memo

2011-S4346 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4346

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Health Committee

2011-S4346 (ACTIVE) - Details

2011-S4346 (ACTIVE) - Summary

2011-S4346 (ACTIVE) - Sponsor Memo

2011-S4346 (ACTIVE) - Bill Text download pdf

Comments