NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8521
SPONSOR: Dinowitz
 
TITLE OF BILL:
An act to amend the state technology law, in relation to providing for
the remote conduct of witnessing health care proxies
 
PURPOSE:
To make conforming changes to the Electronic Signatures and Records Act
(ESRA) to allow for the remote witnessing of a health care proxy using
audiovisual technology.
 
SUMMARY OF PROVISIONS:
This bill amends Chapter 636 of the Laws of 2023 by making conforming
changes to section 307 of the State Technology Law, part of the Elec-
tronic Signatures and Records Act, to remove an exception that did not
allow an electronic signature to be used in lieu of a signature affixed
by hand.
 
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 (executive orders notwithstanding) 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.
When the Electronic Signature and Records Act (ESRA) was enacted in
1999, the sponsors recognized a need to ensure public confidence, for
the act to serve as a flexible and reflective foundation for future
legislation, and recognized the need to exercise prudence and restraint
to avoid unintended consequences. At this time, health care proxies were
considered "special signatures" which "may be allowed to be affixed
electronically, and will likely be addressed in future legislation" but
were exempted from ESRA at time. Following a global pandemic where
remote technology was a necessity and with advances in secure remote
technology and public trust around electronic signatures, these amend-
ments make a conforming change to ESRA to ensure that during an
emotionally significant time, the witnessing of a. health care proxy can
take place at the time and convenience of the individual.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
BUDGET IMPLICATIONS:
None noted.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the public health law relating to
providing for the remote conduct of witnessing health care proxies, as
proposed in legislative bills numbers S. 5100 and A. 2190, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
8521
IN ASSEMBLY
January 5, 2024
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the state technology 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:
1 Section 1. Subdivision 1 of section 307 of the state technology law,
2 as amended by chapter 222 of the laws of 2021, is amended to read as
3 follows:
4 1. To any document providing for the disposition of an individual's
5 person or property upon death or incompetence, or appointing a fiduciary
6 of an individual's person or property, including, without limitation,
7 wills, trusts, decisions consenting to orders not to resuscitate, and
8 powers of attorney [and health care proxies], with the exception of: (a)
9 contractual beneficiary designations; (b) the registration of making,
10 amending, or revoking an anatomical gift under section forty-three
11 hundred ten of the public health law; and (c) documents and forms
12 authorizing or accepting funeral, cemetery and cremation services.
13 § 2. This act shall take effect on the same date and in the same
14 manner as a chapter of the laws of 2023 amending the public health law
15 relating to providing for the remote conduct of witnessing health care
16 proxies, as proposed in legislative bills numbers S. 5100 and A. 2190,
17 takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01025-02-4