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A04591 Summary:

BILL NOA04591
 
SAME ASSAME AS S04335
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §2981, Pub Health L
 
Provides for the remote witnessing of health care proxies utilizing audio-video technology or telephone.
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A04591 Actions:

BILL NOA04591
 
02/04/2021referred to health
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A04591 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4591
 
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 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.
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A04591 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4591
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        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.  (a)
     4  Notwithstanding  any provision of this section to the contrary, witness-
     5  ing pursuant to this section may be made utilizing audio-video technolo-
     6  gy provided that the following conditions are met:
     7    (i)  The  principal,  if  not  personally  known  to  the  witness  or
     8  witnesses,  shall  present  valid photo identification to the witness or
     9  witnesses during the audio-video conference;
    10    (ii) The audio-video conference shall  allow  for  direct  interaction
    11  between the principal and the witness or witnesses;
    12    (iii)  The  witness  or  witnesses shall receive a legible copy of the
    13  signature page, or pages, which shall be transmitted via  fax  or  elec-
    14  tronic means, within twenty-four hours of such pages being signed by the
    15  principal during the audio-video conference; and
    16    (iv)  The  witness or witnesses shall sign the transmitted copy of the
    17  signature page, or pages, and transmit the same back to the principal.
    18    (b) Notwithstanding any provision of this section to the contrary,  if
    19  a  principal  utilizes  audio-video  technology to appoint a health care
    20  agent by a health care proxy pursuant to this subdivision, such appoint-
    21  ment shall only require one adult witness; provided however, a principal
    22  who resides in a facility operated or licensed by the office  of  mental
    23  health  or  the office for people with developmental disabilities, shall
    24  be required to have two adult witnesses in order  to  appoint  a  health
    25  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

        A. 4591                             2
 
     1    (c)  A  witness  may  repeat  the witnessing of the original signature
     2  page, or pages, as of the date of execution provided  that  the  witness
     3  receives such original signature page, or pages, together with the elec-
     4  tronically witnessed copy, witnessed pursuant to the provisions of para-
     5  graph  (a)  of  this  subdivision,  within thirty days after the date of
     6  execution.
     7    (d) Principals who do not have access to technology which enables them
     8  to accomplish video conference witnessing may utilize communication  via
     9  telephone to accomplish witnessing, provided that two witnesses shall be
    10  required.  Such  communication from the principal to both witnesses need
    11  not be  simultaneous.  Such  witnesses'  contact  information  shall  be
    12  provided  in  the  document.  Such witnesses shall receive the signature
    13  page, or pages, or a legible copy of such page or pages, which shall  be
    14  sent  via  mail,  fax or electronic means, and such witnesses shall sign
    15  the page, or pages, or a legible copy of such page or pages and send the
    16  same back to the principal.
    17    § 2. This act shall take effect immediately.
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