Senate Bill S5100

Signed By Governor
2023-2024 Legislative Session

Relates to the remote conduct of witnessing health care proxies

download bill text pdf

Sponsored By

Current Bill Status Via A2190 - 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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2023-S5100 (ACTIVE) - Details

See Assembly Version of this Bill:
A2190
Law Section:
Public Health Law
Laws Affected:
Amd §2981, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A4591

2023-S5100 (ACTIVE) - Summary

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

2023-S5100 (ACTIVE) - Sponsor Memo

2023-S5100 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5100
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 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.
                                                            LBD01025-01-3

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Anonymous
1 year ago

Does this mean that while remote witnessing is allowed the principal still has to execute the document by signing with wet-ink? Does this bill address STT 57A, Article 3 section 307?

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.