NY State Senate Bill 2021-S4335A

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 10, 2021	committed to rules
May 24, 2021	amended on third reading 4335a
Mar 11, 2021	advanced to third reading
Mar 10, 2021	2nd report cal.
Mar 09, 2021	1st report cal.544
Feb 03, 2021	referred to health

Votes

- Mar 9, 2021 - Health Committee Vote
  S4335A
  
  11
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 9, 2021
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      Thomas
      
      aye wr (4)
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      Stec

Bill Amendments

Original

A (Active)

2021-S4335 - Details

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

2021-S4335 - Summary

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

2021-S4335 - Sponsor Memo

                                
 
BILL NUMBER: S4335

SPONSOR: BENJAMIN
 
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 audio-visual 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-S4335 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4335
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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. (A)
 NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  WITNESS-
 ING PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLO-
 GY PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:
   (I)  THE  PRINCIPAL,  IF  NOT  PERSONALLY  KNOWN  TO  THE  WITNESS  OR
 WITNESSES, SHALL PRESENT VALID PHOTO IDENTIFICATION TO  THE  WITNESS  OR
 WITNESSES DURING THE AUDIO-VIDEO CONFERENCE;
   (II)  THE  AUDIO-VIDEO  CONFERENCE  SHALL ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PRINCIPAL AND THE WITNESS OR WITNESSES;
   (III) THE WITNESS OR WITNESSES SHALL RECEIVE A  LEGIBLE  COPY  OF  THE
 SIGNATURE  PAGE,  OR  PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELEC-
 TRONIC MEANS, WITHIN TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE
 PRINCIPAL DURING THE AUDIO-VIDEO CONFERENCE; AND
   (IV) THE WITNESS OR WITNESSES SHALL SIGN THE TRANSMITTED COPY  OF  THE
 SIGNATURE PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PRINCIPAL.
   (B)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IF
 A PRINCIPAL UTILIZES AUDIO-VIDEO TECHNOLOGY TO  APPOINT  A  HEALTH  CARE
 AGENT BY A HEALTH CARE PROXY PURSUANT TO THIS SUBDIVISION, SUCH APPOINT-
 MENT SHALL ONLY REQUIRE ONE ADULT WITNESS; PROVIDED HOWEVER, A PRINCIPAL
 WHO  RESIDES  IN A FACILITY OPERATED OR LICENSED BY THE OFFICE OF MENTAL
 HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  SHALL
 BE  REQUIRED  TO  HAVE  TWO ADULT WITNESSES IN ORDER TO APPOINT A HEALTH
 CARE AGENT BY A HEALTH CARE PROXY UTILIZING AUDIO-VIDEO TECHNOLOGY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08077-02-1

 S. 4335                             2
 
   (C) A WITNESS MAY REPEAT THE  WITNESSING  OF  THE  ORIGINAL  SIGNATURE
 PAGE,  OR  PAGES,  AS OF THE DATE OF EXECUTION PROVIDED THAT THE WITNESS
 RECEIVES SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELEC-
 TRONICALLY WITNESSED COPY, WITNESSED PURSUANT TO THE PROVISIONS OF PARA-
 GRAPH  (A)  OF  THIS  SUBDIVISION,  WITHIN THIRTY DAYS AFTER THE DATE OF
 EXECUTION.
   (D) PRINCIPALS WHO DO NOT HAVE ACCESS TO TECHNOLOGY WHICH ENABLES THEM
 TO ACCOMPLISH VIDEO CONFERENCE WITNESSING MAY UTILIZE COMMUNICATION  VIA
 TELEPHONE TO ACCOMPLISH WITNESSING, PROVIDED THAT TWO WITNESSES SHALL BE
 REQUIRED.  SUCH  COMMUNICATION FROM THE PRINCIPAL TO BOTH WITNESSES NEED
 NOT BE  SIMULTANEOUS.  SUCH  WITNESSES'  CONTACT  INFORMATION  SHALL  BE
 PROVIDED  IN  THE  DOCUMENT.  SUCH WITNESSES SHALL RECEIVE THE SIGNATURE
 PAGE, OR PAGES, OR A LEGIBLE COPY OF SUCH PAGE OR PAGES, WHICH SHALL  BE
 SENT  VIA  MAIL,  FAX OR ELECTRONIC MEANS, AND SUCH WITNESSES SHALL SIGN
 THE PAGE, OR PAGES, OR A LEGIBLE COPY OF SUCH PAGE OR PAGES AND SEND THE
 SAME BACK TO THE PRINCIPAL.
   § 2. This act shall take effect immediately.

2021-S4335A (ACTIVE) - Details

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

2021-S4335A (ACTIVE) - Summary

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

2021-S4335A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4335A

SPONSOR: BENJAMIN
 
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-S4335A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4335--A
     Cal. No. 544
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 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.
                                                            LBD08077-04-1

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Senate Bill S4335A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Mar 9, 2021 - Health Committee Vote

Health Committee Vote: Mar 9, 2021

Bill Amendments

2021-S4335 - Details

2021-S4335 - Summary

2021-S4335 - Sponsor Memo

2021-S4335 - Bill Text download pdf

2021-S4335A (ACTIVE) - Details

2021-S4335A (ACTIVE) - Summary

2021-S4335A (ACTIVE) - Sponsor Memo

2021-S4335A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4335A

Share this bill

Sponsored By

Brian Benjamin

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2021-S4335 - Details

2021-S4335 - Summary

2021-S4335 - Sponsor Memo

2021-S4335 - Bill Text download pdf

2021-S4335A (ACTIVE) - Details

2021-S4335A (ACTIVE) - Summary

2021-S4335A (ACTIVE) - Sponsor Memo

2021-S4335A (ACTIVE) - Bill Text download pdf

Comments