Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses; includes falsely making or altering a health care proxy within the crime of forgery in the second degree.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1303
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to witnesses to a
health care proxy and to amend the penal law, in relation to the crime
of forgery in the second degree
PURPOSE:
This bill changes the number of witnesses required for the appointment
of a health care agent by health care proxy.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Paragraph (a) of subdivision 2 of section 2981 of the
public health law.
Section two amends Subdivision 1 of section 170.10 of the penal law.
Section three sets forth the effective date.
JUSTIFICATION:
Individuals deserve to have their health care wishes honored, yet a
large majority of New York residents do not have a health care proxy for
times when they cannot express their health care preferences. As a
result, their wishes are often unknown, and they might be given medical
treatment that they would not want or not given treatment that matches
their choices.
This bill streamlines the process of assigning a health care proxy by
reducing the number of witnesses required to be present at the signing
of the proxy. The legislation makes an exception for those individuals
who are more vulnerable by maintaining the requirement for two witnesses
for individuals who reside in mental health facilities operated and
licensed by the state. In these instances, the presence of two witnesses
provides protection against exploitation.
LEGISLATIVE HISTORY:
2019-20: A.611- Referred to Health
2017-18: A.1219 -Referred to Health
2015-16: A.308 - Referred to Health
2013-14: A.619 -Reported to Rules; S.4922 - Referred to Health
2011-12: A.2186 - Reported to Rules
2009-10: A.3787 - Vetoed; S.1990 - Vetoed
2007-08- A.10581 - Passed Assembly; S.6695 -Reported to Rules
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1303
2021-2022 Regular Sessions
IN ASSEMBLY
January 8, 2021
___________
Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, GUNTHER, BRONSON --
Multi-Sponsored by -- M. of A. ABINANTI, GLICK, LUPARDO, McDONOUGH,
THIELE -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to witnesses to a
health care proxy and to amend the penal law, in relation to the crime
of forgery in the second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 2981 of the
2 public health law, as amended by chapter 708 of the laws of 2019, is
3 amended to read as follows:
4 (a) A competent adult may appoint a health care agent by a health care
5 proxy, signed and dated by the adult in the presence of [two] one adult
6 [witnesses] witness who shall also sign the proxy. However, a person who
7 resides in a facility operated or licensed by the office of mental
8 health or the office for people with developmental disabilities, shall
9 sign such proxy in the presence of two adult witnesses who shall also
10 sign the proxy. Another person, who shall not be a witness, may sign and
11 date the health care proxy for the adult if the adult is unable to do
12 so, at the adult's direction and in the adult's presence, and in the
13 presence of [two adult] the witness or witnesses who shall sign the
14 proxy. The witness or witnesses shall state that the principal appeared
15 to execute the proxy willingly and free from duress. The person
16 appointed as agent shall not act as witness to execution of the health
17 care proxy.
18 § 2. Subdivision 1 of section 170.10 of the penal law, as amended by
19 chapter 949 of the laws of 1984, is amended to read as follows:
20 1. A deed, will, codicil, contract, assignment, commercial instrument,
21 credit card, as that term is defined in subdivision seven of section
22 155.00 of this part, health care proxy under article twenty-nine-C of
23 the public health law, or other instrument which does or may evidence,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00636-01-1
A. 1303 2
1 create, transfer, terminate or otherwise affect a legal right, interest,
2 obligation or status; or
3 § 3. This act shall take effect on the ninetieth day after it shall
4 have become a law.
