Senate Bill S7713

Signed By Governor
2017-2018 Legislative Session

Authorizes a patient's attending nurse practitioner to witness the patient's execution of a health care proxy

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2017-S7713 - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981, 2983 & 2985, Pub Health L

2017-S7713 - Summary

Authorizes a patient's attending nurse practitioner to witness the patient's execution of a health care proxy; authorizes a nurse practitioner to act as a person's health care agent; authorizes an attending nurse practitioner to determine that a patient lacks capacity.

2017-S7713 - Sponsor Memo

2017-S7713 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7713
 
                             I N  S E N A T E
 
                             February 9, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- 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 authorizing  nurse
   practitioners  to  witness  a  health care proxy, act as a health care
   agent and determine competency of the principal of such a proxy

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2980 of the public health law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A. "ATTENDING NURSE  PRACTITIONER"  MEANS  THE  NURSE  PRACTITIONER,
 SELECTED BY OR ASSIGNED TO A PATIENT, WHO HAS PRIMARY RESPONSIBILITY FOR
 THE TREATMENT AND CARE OF THE PATIENT. WHERE MORE THAN ONE NURSE PRACTI-
 TIONER  SHARES  SUCH  RESPONSIBILITY,  OR  WHERE A NURSE PRACTITIONER IS
 ACTING ON THE ATTENDING NURSE  PRACTITIONER'S  BEHALF,  ANY  SUCH  NURSE
 PRACTITIONER  MAY  ACT  AS  THE ATTENDING NURSE PRACTITIONER PURSUANT TO
 THIS ARTICLE.
   § 2. Subdivisions 2, 3 and 6 of section 2981 of the public health law,
 as added by chapter 752 of the laws of 1990, paragraph (b)  of  subdivi-
 sion 2 as amended by chapter 23 of the laws of 1994 and paragraph (c) of
 subdivision  2  as  amended  by section 6 of part J of chapter 56 of the
 laws of 2012, are amended to read as follows:
   2. 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. 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.
   (b)  For  persons  who reside in a mental hygiene facility operated or
 licensed by the office of mental health, at least one witness  shall  be
 an individual who is not affiliated with the facility and, if the mental
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-S7713A - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981, 2983 & 2985, Pub Health L

2017-S7713A - Summary

Authorizes a patient's attending nurse practitioner to witness the patient's execution of a health care proxy; authorizes a nurse practitioner to act as a person's health care agent; authorizes an attending nurse practitioner to determine that a patient lacks capacity.

2017-S7713A - Sponsor Memo

2017-S7713A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7713--A
 
                             I N  S E N A T E
 
                             February 9, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the public health law, in relation to authorizing nurse
   practitioners to witness a health care proxy, act  as  a  health  care
   agent and determine competency of the principal of such a proxy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2980 of the public health law is amended by  adding
 three new subdivisions 2-a, 2-b and 2-c to read as follows:
   2-A.  "NURSE  PRACTITIONER" MEANS A NURSE PRACTITIONER CERTIFIED UNDER
 SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW,  PRACTICING  WITHIN
 HIS OR HER SCOPE OF PRACTICE.
   2-B.  "PSYCHIATRIC  NURSE  PRACTITIONER"  MEANS  A  NURSE PRACTITIONER
 CERTIFIED BY THE DEPARTMENT OF EDUCATION AS A PSYCHIATRIC NURSE  PRACTI-
 TIONER.
   2-C.  "ATTENDING  NURSE  PRACTITIONER"  MEANS  THE NURSE PRACTITIONER,
 SELECTED BY OR ASSIGNED TO A PATIENT, WHO HAS PRIMARY RESPONSIBILITY FOR
 THE TREATMENT AND CARE OF THE PATIENT. WHERE MORE THAN ONE NURSE PRACTI-
 TIONER SHARES SUCH RESPONSIBILITY, OR  WHERE  A  NURSE  PRACTITIONER  IS
 ACTING  ON  THE  ATTENDING  NURSE  PRACTITIONER'S BEHALF, ANY SUCH NURSE
 PRACTITIONER MAY ACT AS THE ATTENDING  NURSE  PRACTITIONER  PURSUANT  TO
 THIS ARTICLE.
   § 2. Subdivisions 2, 3 and 6 of section 2981 of the public health law,
 as  added  by chapter 752 of the laws of 1990, paragraph (b) of subdivi-
 sion 2 as amended by chapter 23 of the laws of 1994 and paragraph (c) of
 subdivision 2 as amended by section 6 of part J of  chapter  56  of  the
 laws of 2012, are amended to read as follows:
   2.  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.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-S7713B (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2980, 2981, 2983 & 2985, Pub Health L

2017-S7713B (ACTIVE) - Summary

Authorizes a patient's attending nurse practitioner to witness the patient's execution of a health care proxy; authorizes a nurse practitioner to act as a person's health care agent; authorizes an attending nurse practitioner to determine that a patient lacks capacity.

2017-S7713B (ACTIVE) - Sponsor Memo

2017-S7713B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7713--B
     Cal. No. 981
 
                             I N  S E N A T E
 
                             February 9, 2018
                                ___________
 
 Introduced  by Sens. HANNON, AKSHAR, AVELLA, HELMING, ROBACH, VALESKY --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Health -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said committee, ordered to  first  report,  amended  on
   first  report,  ordered  to  a  second  report  and ordered reprinted,
   retaining its place in the order of second report
 
 AN ACT to amend the public health law, in relation to authorizing  nurse
   practitioners  to  witness  a  health care proxy, act as a health care
   agent and determine competency of the principal of such a proxy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2980 of the public health law is amended by adding
 three new subdivisions 2-a, 2-b and 2-c to read as follows:
   2-A. "NURSE PRACTITIONER" MEANS A NURSE PRACTITIONER  CERTIFIED  UNDER
 SECTION  SIXTY-NINE  HUNDRED TEN OF THE EDUCATION LAW, PRACTICING WITHIN
 HIS OR HER SCOPE OF PRACTICE.
   2-B. "PSYCHIATRIC  NURSE  PRACTITIONER"  MEANS  A  NURSE  PRACTITIONER
 CERTIFIED  BY THE DEPARTMENT OF EDUCATION AS A PSYCHIATRIC NURSE PRACTI-
 TIONER.
   2-C. "ATTENDING NURSE  PRACTITIONER"  MEANS  THE  NURSE  PRACTITIONER,
 SELECTED BY OR ASSIGNED TO A PATIENT, WHO HAS PRIMARY RESPONSIBILITY FOR
 THE TREATMENT AND CARE OF THE PATIENT. WHERE MORE THAN ONE NURSE PRACTI-
 TIONER  SHARES  SUCH  RESPONSIBILITY,  OR  WHERE A NURSE PRACTITIONER IS
 ACTING ON THE ATTENDING NURSE  PRACTITIONER'S  BEHALF,  ANY  SUCH  NURSE
 PRACTITIONER  MAY  ACT  AS  THE ATTENDING NURSE PRACTITIONER PURSUANT TO
 THIS ARTICLE.
   § 2. Subdivisions 2, 3 and 6 of section 2981 of the public health law,
 as added by chapter 752 of the laws of 1990, paragraph (b)  of  subdivi-
 sion 2 as amended by chapter 23 of the laws of 1994 and paragraph (c) of
 subdivision  2  as  amended  by section 6 of part J of chapter 56 of the
 laws of 2012, are amended to read as follows:
   2. Health care proxy; execution; witnesses. (a) A competent adult  may
 appoint  a health care agent by a health care proxy, signed and dated by
 
              

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