NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2190
SPONSOR: Dinowitz 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 audi-
o-video technology, provided certain conditions are met, including: the
principal shall be required to provide photographic identification if
not known to the witness, the audio-video technology allows for direct
interaction between participants, and requirements are met regarding the
transmittal of documents and signed copies.
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 (executive orders notwithstanding) 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:
2021-22: A.4591A - Passed Assembly / S.8104 - Health
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2190
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee 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:
1 Section 1. Section 2981 of the public health law is amended by adding
2 a new subdivision 2-a to read as follows:
3 2-a. Alternate procedure for witnessing of health care proxies.
4 Witnessing a health care proxy under this section may be done using
5 audio-video technology, for either or both witnesses, provided that the
6 following conditions are met (as used in this subdivision, "remote
7 witness" means a witness acting using audio-visual technology):
8 (a) The principal, if not personally known to a remote witness, shall
9 display valid photographic identification to the remote witness during
10 the audio-video conference;
11 (b) The audio-video conference shall allow for direct interaction
12 between the principal and any remote witness;
13 (c) Any remote witness shall receive a legible copy of the health care
14 proxy, which shall be transmitted via facsimile or electronic means,
15 within twenty-four hours of the proxy being signed by the principal
16 during the audio-video conference; and
17 (d) The remote witness shall sign the transmitted copy of the proxy,
18 and transmit it back to the principal.
19 § 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
