NY State Senate Bill 2021-S8104

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2022	referred to health

2021-S8104 (ACTIVE) - Details

See Assembly Version of this Bill:: A4591
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2981, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: A2190

2021-S8104 (ACTIVE) - Summary

Provides for the remote witnessing of health care proxies utilizing audio-video technology or telephone.

2021-S8104 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8104

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to providing for the
remote conduct of witnessing health care proxies

 
PURPOSE:

The purpose of this bill is to modernize certain aspects of completing a
health care proxy by authorizing various remote witnessing procedures.

 
SUMMARY OF PROVISIONS:

Section one amends section 2981 of the public health law to add a new
subdivision 2-a to: authorize witnessing of a health care proxy via
audio-video technology, provided certain conditions are met; require one
adult witness for such witnessing, provided that the principal is not a
resident of an OMH or OPWDD facility, in which case two witnesses would
still be required; and authorize, for principals who do not have appro-
priate technology, to utilize witnessing via telephone, provided that

two witnesses would be required.

Section two sets the effective date.

 
JUSTIFICATION:

The COVID-19 global pandemic has revealed a number of areas where barri-
ers to remote procedures should be removed. Witnessing of health care
proxies is one area where the law currently requires certain actions to
be performed in-person. While access to audiovisual video conferencing
is becoming more prevalent and commonly used, the law should be updated
to allow for such technology to be utilized in order to facilitate these
important actions in a safe, socially-distanced manner.

This bill would amend the public health law to authorize remote witness-
ing of health care proxies. Such amendments will help to protect the
public from the spread of COVID-19 by allowing for participating indi-
viduals to remain in their homes or offices when completing this actions
and modernize the law so that it is aligned with current technology.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8104 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8104
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 providing for  the
   remote conduct of witnessing health care proxies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2981 of the public health law is amended by  adding
 a new subdivision 2-a to read as follows:
   2-A.  ALTERNATE  PROCEDURE  FOR  WITNESSING  OF  HEALTH  CARE PROXIES.
 WITNESSING A HEALTH CARE PROXY UNDER THIS  SECTION  MAY  BE  DONE  USING
 AUDIO-VIDEO  TECHNOLOGY, FOR EITHER OR BOTH WITNESSES, PROVIDED THAT THE
 FOLLOWING CONDITIONS ARE MET  (AS  USED  IN  THIS  SUBDIVISION,  "REMOTE
 WITNESS" MEANS A WITNESS ACTING USING AUDIO-VISUAL TECHNOLOGY):
   (A)  THE PRINCIPAL, IF NOT PERSONALLY KNOWN TO A REMOTE WITNESS, SHALL
 DISPLAY VALID PHOTOGRAPHIC IDENTIFICATION TO THE REMOTE  WITNESS  DURING
 THE AUDIO-VIDEO CONFERENCE;
   (B)  THE  AUDIO-VIDEO  CONFERENCE  SHALL  ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PRINCIPAL AND ANY REMOTE WITNESS;
   (C) ANY REMOTE WITNESS SHALL RECEIVE A LEGIBLE COPY OF THE HEALTH CARE
 PROXY, WHICH SHALL BE TRANSMITTED VIA  FACSIMILE  OR  ELECTRONIC  MEANS,
 WITHIN  TWENTY-FOUR  HOURS  OF  THE  PROXY BEING SIGNED BY THE PRINCIPAL
 DURING THE AUDIO-VIDEO CONFERENCE; AND
   (D) THE REMOTE WITNESS SHALL SIGN THE TRANSMITTED COPY OF  THE  PROXY,
 AND TRANSMIT IT BACK TO THE PRINCIPAL.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08077-05-2

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Senate Bill S8104

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S8104 (ACTIVE) - Details

2021-S8104 (ACTIVE) - Summary

2021-S8104 (ACTIVE) - Sponsor Memo

2021-S8104 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8104

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Sponsored By

Cordell Cleare

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S8104 (ACTIVE) - Details

2021-S8104 (ACTIVE) - Summary

2021-S8104 (ACTIVE) - Sponsor Memo

2021-S8104 (ACTIVE) - Bill Text download pdf

Comments