S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8259
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 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 amended by chapter  708  of
 the laws of 2019, 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.
   § 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
 administration of artificial nutrition and hydration are not  reasonably
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06996-01-1

 A. 8259                             2
 
 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.
   § 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.
   § 4. This act shall take effect immediately.