New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A09515 Summary:

A09515 Floor Votes:

A09515 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9515
 
                   IN ASSEMBLY
 
                                    January 12, 2026
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law and the education law, in relation
          to  requirements  for  the  provision of medication for medical aid in
          dying; and to amend a chapter of the laws of 2025 amending the  public
          health  law relating to a terminally ill patient's request for and use
          of medication for medical aid in dying,  as  proposed  in  legislative
          bills  numbers  S.  138  and  A. 136, in relation to the effectiveness
          thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions 4, 5, 11, 13, 17 and 18 of section 2899-d of
     2  the public health law, as added by a chapter of the laws of 2025  amend-
     3  ing the public health law relating to a terminally ill patient's request
     4  for  and  use  of  medication  for  medical aid in dying, as proposed in
     5  legislative bills numbers S. 138 and A. 136,  are  amended  to  read  as
     6  follows:
     7    4.  "Consulting  physician"  means  a  physician  who  is qualified by
     8  specialty or experience to make a professional diagnosis  and  prognosis
     9  regarding a [person's] patient's terminal illness or condition.
    10    5.  "Health  care facility" means a general hospital, nursing home, or
    11  residential health care facility  as  defined  in  section  twenty-eight
    12  hundred  one  of  this  chapter, or a hospice as defined in section four
    13  thousand two of this chapter[; provided that for the purposes of section
    14  twenty eight hundred ninety-nine-m  of  this  article,  "hospice"  shall
    15  refer  only to a facility providing in-patient hospice care or a hospice
    16  residence].
    17    11. "Mental health professional" means [a licensed physician, who is a
    18  diplomate or eligible to be certified by a national board of psychiatry,
    19  psychiatric nurse practitioner, or psychologist, licensed  or  certified
    20  under  the education law acting within such mental health professional's
    21  scope of practice and who is  qualified,  by  training  and  experience,
    22  certification, or board certification or eligibility, to make a determi-
    23  nation under section twenty-eight hundred ninety-nine-i of this article]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00320-02-6
        A. 9515                             2
 
     1  an individual (a) licensed to practice medicine in New York state who is
     2  a  diplomate  of  the  American  board of psychiatry and neurology or is
     3  eligible to be certified by that board or is certified by  the  American
     4  osteopathic  board  of  neurology  and  psychiatry  or is eligible to be
     5  certified by that board; or (b) licensed to  practice  psychology  under
     6  title eight of the education law.
     7    13. "Patient" means a [person] resident of New York state who is eigh-
     8  teen years of age or older under the care of a physician.
     9    17.  "Terminal  illness or condition" means an incurable and irrevers-
    10  ible illness or condition that has been medically  confirmed  and  will,
    11  within  reasonable  medical  judgment,  produce  death within six months
    12  whether or not treatment is provided.
    13    18. "Third-party health care  payer"  has  its  ordinary  meaning  and
    14  includes, but is not limited to, an insurer, organization or corporation
    15  licensed  or  certified  under article thirty-two, forty-three or forty-
    16  seven of the insurance law, or article forty-four of the  public  health
    17  law;  or an entity such as a pharmacy benefits manager[, fiscal adminis-
    18  trator, or administrative services provider  that  participates  in  the
    19  administration of a third-party health care payer system] or third-party
    20  administrator.
    21    §  2.  Subdivisions  1, 2 and 3 of section 2899-e of the public health
    22  law, as added by a chapter of the  laws  of  2025  amending  the  public
    23  health law relating to a terminally ill patient's request for and use of
    24  medication  for  medical  aid in dying, as proposed in legislative bills
    25  numbers S.  138 and A. 136, are amended to read as follows:
    26    1. Oral and written request. A patient wishing to  request  medication
    27  under  this  article  shall  make  an  oral request and submit a written
    28  request to the patient's attending physician. If a patient is not  phys-
    29  ically capable of making an oral request, such request can be made using
    30  an  alternative  method  of  communication familiar to the patient. Oral
    31  requests made under this subdivision must be recorded  by  an  audio  or
    32  video device and permanently stored in the patient's medical record.
    33    2.  Making a written request. A patient may make a written request for
    34  and consent to self-administer medication for the purpose of ending such
    35  patient's life in accordance with this article if the patient:
    36    (a) has been determined by the attending physician to have a  terminal
    37  illness  or  condition  and  which  has  been  medically  confirmed by a
    38  consulting physician; and
    39    (b) based on an informed decision, [expresses]  requests  voluntarily,
    40  of  the  patient's  own volition and without coercion [the request for],
    41  medication to end such patient's life.
    42    3. Written request signed and witnessed. (a)  A  written  request  for
    43  medication  under  this article shall be signed and dated by the patient
    44  and witnessed by at least  two  adults  who,  in  the  presence  of  the
    45  patient, attest that to the best of the persons knowledge and belief the
    46  patient  has  decision-making capacity, is acting voluntarily, is making
    47  the request for medication of the patient's  own  volition  and  is  not
    48  being  coerced  to  sign  the  request.  The written request shall be in
    49  substantially the form described in section twenty-eight  hundred  nine-
    50  ty-nine-k of this article.
    51    (b) Both witnesses shall be adults who are not:
    52    (i) a relative of the patient by blood, marriage or adoption;
    53    (ii)  a person who at the time the request is signed would be entitled
    54  to any portion of the estate of the patient upon death under any will or
    55  by operation of law or would  otherwise  benefit  financially  from  the
    56  death of the patient;
        A. 9515                             3
 
     1    (iii)  an  owner,  operator,  employee  or independent contractor of a
     2  health care facility where the patient is receiving treatment  or  is  a
     3  resident;
     4    (iv)  a  domestic  partner  of  the patient, as defined in subdivision
     5  seven of section twenty-nine hundred ninety-four-a of this chapter;
     6    (v) an agent under the patient's  health  care  proxy  as  defined  in
     7  subdivision  five of section twenty-nine hundred eighty of this chapter;
     8  or
     9    (vi) an agent acting under a power of  attorney  for  the  patient  as
    10  defined in section 5-1501 of the general obligations law.
    11    (c)  The  attending  physician, consulting physician and[, if applica-
    12  ble,] the mental health  professional  who  provides  a  decision-making
    13  capacity  determination of the patient under this article shall not be a
    14  witness.
    15    § 3. Section 2899-f of the public health law, as added by a chapter of
    16  the laws of 2025 amending the public health law relating to a terminally
    17  ill patient's request for and use  of  medication  for  medical  aid  in
    18  dying,  as  proposed  in legislative bills numbers S. 138 and A. 136, is
    19  amended to read as follows:
    20    § 2899-f. Attending  physician  responsibilities.  1.  [The]  Upon   a
    21  patient's request for a medical aid-in-dying prescription, the attending
    22  physician shall examine the patient in person and the patient's relevant
    23  medical  records  [and], provided, however, that the attending physician
    24  may waive the in-person examination requirement and conduct the examina-
    25  tion via telehealth  if  the  physician  determines,  within  reasonable
    26  medical  judgment,  and  documents  in the patient's medical record that
    27  requiring an in-person visit would result in extraordinary  hardship  to
    28  the  patient.  For purposes of this subdivision, the term "extraordinary
    29  hardship" shall mean circumstances in  which  an  in-person  examination
    30  would  cause  the  patient undue pain or suffering, or would necessitate
    31  extraordinary  expense  or  logistical  burden  for  medically-necessary
    32  transportation.  In  such  cases,  the  examination may be conducted via
    33  telehealth once the attending physician affirms that all other  require-
    34  ments  of  this  article  have been fulfilled.   The attending physician
    35  shall also:
    36    (a) make a determination of whether a patient has a  terminal  illness
    37  or  condition,  has decision-making capacity, has made an informed deci-
    38  sion and has made the request voluntarily of the patient's own  volition
    39  and without coercion;
    40    (b)  inform  the  patient  of  the  requirement under this article for
    41  confirmation by a consulting physician,  and  refer  the  patient  to  a
    42  consulting physician upon the patient's request;
    43    (c)  inform  the  patient  of  the  requirement under this article for
    44  confirmation by a mental health professional, and refer the patient to a
    45  mental health professional [pursuant  to  section  twenty-eight  hundred
    46  ninety-nine-i  of  this article if the attending physician believes that
    47  the patient may lack decision-making capacity to make an informed  deci-
    48  sion] upon the patient's request;
    49    (d)  provide  information  and  counseling  under  section twenty-nine
    50  hundred ninety-seven-c of this chapter, provided, however, that  if  the
    51  attending physician is not willing or does not feel qualified to provide
    52  the  patient  with  information and counseling under this paragraph, the
    53  attending physician may arrange for another physician to do so, or shall
    54  refer or transfer the patient to another physician willing to do so;
    55    (e) ensure that the patient is making an informed decision by discuss-
    56  ing with the patient: (i) the patient's medical diagnosis and prognosis;
        A. 9515                             4
 
     1  (ii) the potential risks associated with taking  the  medication  to  be
     2  prescribed;  (iii)  the  probable  result of taking the medication to be
     3  prescribed; (iv) the possibility that the patient may choose  to  obtain
     4  the medication but not take it; (v) the feasible alternatives and appro-
     5  priate  treatment  options, including but not limited to (1) information
     6  and counseling regarding palliative and  hospice  care  and  end-of-life
     7  options  appropriate  to  the patient, including but not limited to: the
     8  range of options appropriate to the patient; the  prognosis,  risks  and
     9  benefits  of  the  various  options;  and  the patient's legal rights to
    10  comprehensive pain and symptom management at the end of  life;  and  (2)
    11  information  regarding  treatment  options  appropriate  to the patient,
    12  including the prognosis, risks and benefits  of  the  various  treatment
    13  options;
    14    (f)  offer  to  refer  the  patient  for  other  appropriate treatment
    15  options, including but not limited to palliative care and hospice care;
    16    (g) provide health literate  and  culturally  appropriate  educational
    17  material regarding hospice and palliative care that has been prepared by
    18  the  department  in  consultation  with  representatives  of hospice and
    19  palliative care providers from all regions of New York state,  and  that
    20  is  available  on  the  department's  website  for  access and download,
    21  provided, however, an otherwise eligible patient cannot be  denied  care
    22  under this article if these materials are not developed by the effective
    23  date of this article;
    24    (h) discuss with the patient the importance of:
    25    (i)  having  another person present when the patient takes the medica-
    26  tion and the restriction that no  person  other  than  the  patient  may
    27  administer the medication;
    28    (ii) not taking the medication in a public place; and
    29    (iii)  informing  the  patient's  family  of the patient's decision to
    30  request and take medication that will end the patient's life; a  patient
    31  who declines or is unable to notify family shall not have such patient's
    32  request for medication denied for that reason;
    33    (i)  inform  the patient that such patient may rescind the request for
    34  medication at any time and in any manner;
    35    (j) fulfill the medical record documentation requirements  of  section
    36  twenty-eight hundred ninety-nine-j of this article; and
    37    (k)  ensure  that  all appropriate steps are carried out in accordance
    38  with this article before writing a prescription for medication.
    39    2. Upon receiving confirmation from a consulting physician and  mental
    40  health  professional under section twenty-eight hundred ninety-nine-h of
    41  this article and [subject to] section twenty-eight hundred ninety-nine-i
    42  of this article, respectively, the attending  physician  who  determines
    43  that  the patient has a terminal illness or condition, has decision-mak-
    44  ing capacity and has made a voluntary request for medication as provided
    45  in this article, may personally, or by referral  to  another  physician,
    46  prescribe  or  order  appropriate  medication  in  accordance  with  the
    47  patient's request under this article,  and  at  the  patient's  request,
    48  facilitate  the  filling of the prescription and delivery of the medica-
    49  tion to the patient.
    50    3. A prescription for medication shall not be filled until  five  days
    51  after  the prescription has been written, unless the patient's attending
    52  physician has medically confirmed that  the  qualified  individual  may,
    53  within  reasonable  medical  judgment,  die before the expiration of the
    54  waiting period identified herein, in which case, the prescription may be
    55  filled once the attending physician affirms that all other  requirements
    56  pursuant  to  this  article  have been fulfilled. Such prescription must
        A. 9515                             5
 
     1  indicate the date and time that  the  prescription  for  medication  was
     2  written  and  indicate  the first allowable date and time when it may be
     3  filled.
     4    4.  In  accordance  with  the direction of the prescribing or ordering
     5  physician and the consent of the patient, the patient may  self-adminis-
     6  ter  the  medication  to themselves. A health care professional or other
     7  person shall not administer the medication to the patient.
     8    § 4. Subdivision 2 of section 2899-h of  the  public  health  law,  as
     9  added  by  a  chapter of the laws of 2025 amending the public health law
    10  relating to a terminally ill patient's request for and use of medication
    11  for medical aid in dying, as proposed in legislative  bills  numbers  S.
    12  138 and A. 136, is amended to read as follows:
    13    2.  confirm,  in  writing, to the attending physician and the patient,
    14  whether: (a) the patient has a terminal illness or  condition;  (b)  the
    15  patient  is  making  an informed decision; (c) the patient has decision-
    16  making capacity[, or provide documentation that the consulting physician
    17  has referred the patient for a determination under section  twenty-eight
    18  hundred  ninety-nine-i  of  this article]; and (d) the patient is acting
    19  voluntarily, of the patient's own volition and without coercion.
    20    § 5. Section 2899-i of the public health law, as added by a chapter of
    21  the laws of 2025 amending the public health law relating to a terminally
    22  ill patient's request for and use  of  medication  for  medical  aid  in
    23  dying,  as  proposed  in legislative bills numbers S. 138 and A. 136, is
    24  amended to read as follows:
    25    § 2899-i. [Referral to mental] Mental health professional responsibil-
    26  ities. 1. [If the attending physician or the consulting physician deter-
    27  mines that the patient may lack  decision-making  capacity  to  make  an
    28  informed  decision  due to a condition, including, but not limited to, a
    29  psychiatric  or  psychological  disorder,  or  other  condition  causing
    30  impaired  judgement,  the  attending  physician  or consulting physician
    31  shall refer the patient to a mental health professional for  a  determi-
    32  nation  of  whether  the patient has decision-making capacity to make an
    33  informed decision. The referring physician shall advise the patient that
    34  the report of the mental health professional will  be  provided  to  the
    35  attending physician and the consulting physician.
    36    2.  A mental health professional who evaluates a] Before a patient who
    37  is requesting medication may receive a prescription for medication under
    38  this article, a mental health professional  must  evaluate  the  patient
    39  [under  this  section  shall]  and  report, in writing, to the attending
    40  physician and the consulting physician, the mental health professional's
    41  independent conclusions about whether the  patient  has  decision-making
    42  capacity  to make an informed decision, provided that if, at the time of
    43  the report, the patient has not yet been referred to a consulting physi-
    44  cian, then upon referral  the  attending  physician  shall  provide  the
    45  consulting  physician  with  a  copy of the mental health professional's
    46  report. If the mental health professional determines  that  the  patient
    47  lacks decision-making capacity to make an informed decision, the patient
    48  shall  not be deemed a qualified individual, and the attending physician
    49  shall not prescribe medication to the patient.
    50    [3.] 2. A determination made pursuant to this section  that  an  adult
    51  patient lacks decision-making capacity shall not be construed as a find-
    52  ing  that  the  patient  lacks  decision-making  capacity  for any other
    53  purpose.
    54    § 6. Subdivision 4 of section 2899-j of  the  public  health  law,  as
    55  added  by  a  chapter of the laws of 2025 amending the public health law
    56  relating to a terminally ill patient's request for and use of medication
        A. 9515                             6

     1  for medical aid in dying, as proposed in legislative  bills  numbers  S.
     2  138 and A. 136, is amended to read as follows:
     3    4.  [if applicable,] written [confirmation] determination of decision-
     4  making capacity under section twenty-eight hundred ninety-nine-i of this
     5  article; and
     6    § 7. Section 2899-k of the public health law, as added by a chapter of
     7  the laws of 2025 amending the public health law relating to a terminally
     8  ill patient's request for and use  of  medication  for  medical  aid  in
     9  dying,  as  proposed  in legislative bills numbers S. 138 and A. 136, is
    10  amended to read as follows:
    11    § 2899-k. Form of  written  request  and  witness  attestation.  1.  A
    12  request  for medication under this article shall be in substantially the
    13  following form:
    14                    REQUEST FOR MEDICATION TO END MY LIFE

    15    I, _________________________________, am an adult  who  has  decision-
    16  making  capacity, which means I understand and appreciate the nature and
    17  consequences of health care decisions, including the benefits and  risks
    18  of  and  alternatives  to  any  proposed  health  care,  and to reach an
    19  informed decision and to communicate health care decisions to  a  physi-
    20  cian.
    21    I  have  been  diagnosed  with  (insert diagnosis), which my attending
    22  physician has determined is a terminal illness or condition,  which  has
    23  been  medically  confirmed  by  a consulting physician and mental health
    24  professional and will, in the judgment  of  the  physicians  and  mental
    25  health  professional,  produce  death  within  six months whether or not
    26  treatment is provided.
    27    I have been fully informed of my diagnosis and prognosis,  the  nature
    28  of  the  medication to be prescribed and potential associated risks, the
    29  expected result, and the feasible  alternatives  and  treatment  options
    30  including but not limited to palliative care and hospice care.
    31    I  request  that my attending physician prescribe medication that will
    32  end my life if I choose to take it, and I authorize my attending  physi-
    33  cian to contact another physician or any pharmacist about my request.
 
    34    INITIAL ONE:
    35    (    )  I  have informed or intend to inform one or more members of my
    36  family of my decision.
    37    (  ) I have decided not to inform any member of my family of my  deci-
    38  sion.
    39    (  ) I have no family to inform of my decision.
    40    I  understand that I have the right to rescind this request or decline
    41  to use the medication at any time.
    42    I understand the importance of this request, and I expect to die if  I
    43  take the medication to be prescribed. I further understand that although
    44  most  deaths  occur within three hours, my death may take longer, and my
    45  attending physician has counseled me about this possibility.
    46    I make this request voluntarily, of my own volition and without  being
    47  coerced, and I accept full responsibility for my actions.
 
    48  Signed: __________________________
 
    49  Dated: ___________________________
 
    50                          DECLARATION OF WITNESSES
        A. 9515                             7
 
     1    I  declare that the person signing this "Request for Medication to End
     2  My Life":
     3    (a) is personally known to me or has provided proof of identity;
     4    (b)  voluntarily signed the "Request for Medication to End My Life" in
     5  my presence or acknowledged to me that the person signed it; and
     6    (c) to the best of my knowledge and belief, has decision-making capac-
     7  ity and is making the "Request for Medication to End My Life"  voluntar-
     8  ily,  of  the person's own volition and is not being coerced to sign the
     9  "Request for Medication to End My Life".
    10    I am not the attending physician or consulting physician of the person
    11  signing the "Request for Medication to End My Life" or[, if applicable,]
    12  the mental health professional who provides a  decision-making  capacity
    13  determination  of  the person signing the "Request for Medication to End
    14  My Life" at the time the "Request for Medication to  End  My  Life"  was
    15  signed.
    16    I  further  declare  under penalty of perjury that the statements made
    17  herein are true and correct and false statements made herein are punish-
    18  able.
    19    I further declare that I am not (i) related to the above-named patient
    20  by blood, marriage or adoption[,]; (ii) entitled at the time the patient
    21  signed the "Request for Medication to End My Life" to any portion of the
    22  estate of the patient upon such patient's death under  any  will  or  by
    23  operation of law, or otherwise in a position to benefit financially from
    24  the  patient's  death; (iii) an owner, operator, employee or independent
    25  contractor of a health care facility  where  the  patient  is  receiving
    26  treatment  or  is a resident; (iv) a domestic partner of the patient, as
    27  defined  in   subdivision   seven   of   section   twenty-nine   hundred
    28  ninety-four-a  of  the  public  health  law; (v) an agent, as defined in
    29  subdivision five of section twenty-nine hundred  eighty  of  the  public
    30  health  law, under the patient's health care proxy; or (vi) an agent, as
    31  defined in section 5-1501 of the general obligations law, acting under a
    32  power of attorney for the patient.
 
    33  Witness 1, Date:
 
    34  (Printed name)
 
    35  (Address)
 
    36  (Telephone number)
 
    37  Witness 2, Date:
 
    38  (Printed name)
 
    39  (Address)
 
    40  (Telephone number)
 
    41    2. (a) The "Request for Medication to End My Life" shall be written in
    42  the same language as any conversations,  consultations,  or  interpreted
    43  conversations or consultations between a patient and at least one of the
    44  patient's attending or consulting physicians.
    45    (b)  Notwithstanding  paragraph  (a)  of this subdivision, the written
    46  "Request for Medication to End My Life" may be prepared in English  even
    47  when  the conversations or consultations or interpreted conversations or
        A. 9515                             8
 
     1  consultations were conducted in a language other than  English  or  with
     2  auxiliary  aids  or  hearing,  speech  or  visual  aids,  if the English
     3  language form includes an attached declaration by the interpreter of the
     4  conversation  or  consultation,  which  shall  be  in  substantially the
     5  following form:
 
     6                          INTERPRETER'S DECLARATION
 
     7    I, (insert name of interpreter), (mark as applicable):
     8    (  ) for a patient whose conversations or consultations or interpreted
     9  conversations or consultations were conducted in a language  other  than
    10  English and the "Request for Medication to End My Life" is in English: I
    11  declare that I am fluent in English and (insert target language). I have
    12  the  requisite  language  and interpreter skills to be able to interpret
    13  effectively, accurately and impartially information shared and  communi-
    14  cations  between  the  attending  or  consulting  physician and (name of
    15  patient).
    16    I certify that on (insert date), at  approximately  (insert  time),  I
    17  interpreted  the  communications  and  information  conveyed between the
    18  physician and (name of patient) as accurately and completely to the best
    19  of my knowledge and ability and read the "Request for Medication to  End
    20  My Life" to (name of patient) in (insert target language).
    21    (Name  of  patient)  affirmed  to me such patient's desire to sign the
    22  "Request for Medication  to  End  My  Life"  voluntarily,  of  (name  of
    23  patient)'s own volition and without coercion.
    24    (  )  for  a  patient  with  a speech, hearing or vision disability: I
    25  declare that I have the requisite language, reading  and/or  interpreter
    26  skills  to  communicate  with  the patient and to be able to read and/or
    27  interpret effectively, accurately and impartially information shared and
    28  communications that occurred on (insert date) between the  attending  or
    29  consulting physician and (name of patient).
    30    I  certify  that  on  (insert date), at approximately (insert time), I
    31  read and/or interpreted  the  communications  and  information  conveyed
    32  between the physician and (name of patient) impartially and as accurate-
    33  ly  and  completely  to  the best of my knowledge and ability and, where
    34  needed for effective communication, read or interpreted the "Request for
    35  Medication to End my Life" to (name of patient).
    36    (Name of patient) affirmed to me such patient's  desire  to  sign  the
    37  "Request  for  Medication  to  End  My  Life"  voluntarily,  of (name of
    38  patient)'s own volition and without coercion.
    39    I further declare under penalty of perjury that (i) the  foregoing  is
    40  true  and  correct;  (ii)  I  am not (A) related to (name of patient) by
    41  blood, marriage or adoption[,];  (B)  entitled  at  the  time  (name  of
    42  patient)  signed  the  "Request  for  Medication  to End My Life" to any
    43  portion of the estate of (name of patient)  upon  such  patient's  death
    44  under  any  will  or  by operation of law, or otherwise in a position to
    45  benefit financially from the patient's death; (C)  an  owner,  operator,
    46  employee or independent contractor of a health care facility where (name
    47  of patient) is receiving treatment or is a resident, except that if I am
    48  an  employee  or  independent  contractor  at such health care facility,
    49  providing interpreter services is part of my  job  description  at  such
    50  health  care  facility  or  I  have  been trained to provide interpreter
    51  services and (name of patient)  requested  that  I  provide  interpreter
    52  services  to  such  patient for the purposes stated in this Declaration;
    53  (D) a domestic partner of the patient, as defined in  subdivision  seven
    54  of  section  twenty-nine hundred ninety-four-a of the public health law;
        A. 9515                             9
 
     1  (E) an agent, as defined in  subdivision  five  of  section  twenty-nine
     2  hundred eighty of the public health law, under the patient's health care
     3  proxy;  or  (F)  an  agent,  as defined in section 5-1501 of the general
     4  obligations  law,  acting under a power of attorney for the patient; and
     5  (iii) false statements made herein are punishable.

     6  Executed at (insert city, county and  state)  on  this  (insert  day  of
     7  month) of (insert month), (insert year).
 
     8  (Signature of Interpreter)
 
     9  (Printed name of Interpreter)
 
    10  (ID # or Agency Name)
 
    11  (Address of Interpreter)
 
    12  (Language Spoken by Interpreter)
 
    13    (c)  An interpreter whose services are provided under paragraph (b) of
    14  this subdivision shall not (i) be related to the patient who  signs  the
    15  "Request   for  Medication  to  End  My  Life"  by  blood,  marriage  or
    16  adoption[,]; (ii) be entitled at the time the "Request for Medication to
    17  End My Life" is signed by the patient to any portion of  the  estate  of
    18  the  patient upon death under any will or by operation of law, or other-
    19  wise in a position to benefit  financially  from  the  patient's  death;
    20  (iii)  be  an  owner,  operator, employee or independent contractor of a
    21  health care facility where the patient is receiving treatment  or  is  a
    22  resident;  provided that an employee or independent contractor whose job
    23  description at the health care facility includes interpreter services or
    24  who is  trained  to  provide  interpreter  services  and  who  has  been
    25  requested  by  the patient to serve as an interpreter under this article
    26  shall not be prohibited from serving as an interpreter under this  arti-
    27  cle;  (iv)  be a domestic partner of the patient, as defined in subdivi-
    28  sion seven of section twenty-nine hundred ninety-four-a of this chapter;
    29  (v) be an agent, as defined in subdivision five of  section  twenty-nine
    30  hundred  eighty  of this chapter, under the patient's health care proxy;
    31  or (vi) be an agent, as defined in section 5-1501 of the  general  obli-
    32  gations law, acting under a power of attorney for the patient.
    33    §  8.  Subdivision  2  of  section 2899-m of the public health law, as
    34  added by a chapter of the laws of 2025 amending the  public  health  law
    35  relating to a terminally ill patient's request for and use of medication
    36  for  medical  aid  in dying, as proposed in legislative bills numbers S.
    37  138 and A. 136, is amended and a new subdivision 3 is added to  read  as
    38  follows:
    39    2.  (a)  A  private health care facility may prohibit the prescribing,
    40  dispensing, ordering or  self-administering  of  medication  under  this
    41  article  while  the patient is being treated in the health care facility
    42  or in an  affiliated  facility  that  is  majority-owned,  operated,  or
    43  controlled  by the same corporate entity as the health care facility, or
    44  while the patient is residing in the health care facility if:
    45    (i) the prescribing, dispensing,  ordering  or  self-administering  is
    46  contrary  to  a formally adopted policy of the health care facility that
    47  is  expressly  based  on  sincerely  held  religious  beliefs  or  moral
    48  convictions  central to the health care facility's operating principles;
    49  and
        A. 9515                            10
 
     1    (ii) the health care facility has informed the patient of such  policy
     2  prior to admission or as soon as reasonably possible.
     3    (b)  Where a health care facility has adopted a prohibition under this
     4  subdivision, if a patient who wishes to use medication under this  arti-
     5  cle  requests,  the  patient  shall  be  transferred promptly to another
     6  health care facility that is reasonably  accessible  under  the  circum-
     7  stances  and willing to permit the prescribing, dispensing, ordering and
     8  self-administering of medication under this article with respect to  the
     9  patient.
    10    (b-1) A health care facility or an affiliated facility that is majori-
    11  ty-owned,  operated,  or  controlled by the same corporate entity as the
    12  health care facility that has adopted a prohibition under this  subdivi-
    13  sion  may  restrict  any employee from participating in the provision of
    14  medication under this article.
    15    (c) Where a health care facility has adopted a prohibition under  this
    16  subdivision,  any  health  care  provider  or  employee  or  independent
    17  contractor of the health care facility or any facility that  is  majori-
    18  ty-owned,  operated,  or  controlled by the same corporate entity as the
    19  health care facility who violates the  prohibition  may  be  subject  to
    20  sanctions  otherwise available to the health care facility, provided the
    21  health care facility has previously notified the health  care  provider,
    22  employee or independent contractor of the prohibition in writing.
    23    3. Nothing in this section shall be construed to restrict a patient at
    24  home from accessing care under this article.
    25    §  9.  Subdivision  4  of  section 2899-n of the public health law, as
    26  added by a chapter of the laws of 2025 amending the  public  health  law
    27  relating to a terminally ill patient's request for and use of medication
    28  for  medical  aid  in dying, as proposed in legislative bills numbers S.
    29  138 and A. 136, is amended to read as follows:
    30    4. An insurer or third-party health care payer shall not  provide  any
    31  information  in  communications made to a patient about the availability
    32  of medication under this article absent a request by the patient  or  by
    33  such  patient's  attending  physician  upon the request of such patient.
    34  [Any communication shall not include both the  denial  of  coverage  for
    35  treatment  and  information  as  to the availability of medication under
    36  this article.] Any communication from an insurer or  third-party  health
    37  care  payer indicating a denial of coverage for treatment shall not also
    38  include any information as to the availability of medication  prescribed
    39  under  this  article.  This  subdivision  does  not bar the inclusion of
    40  information as to the coverage of medication and  professional  services
    41  under this article in information generally stating what is covered by a
    42  third-party  health  care  payer or provided in response to a request by
    43  the patient or by such patient's attending physician upon the request of
    44  the patient.
    45    § 10. Section 6530 of the education law is amended  by  adding  a  new
    46  subdivision 51 to read as follows:
    47    51.  A  violation  of  article twenty-eight-F of the public health law
    48  and/or regulations promulgated thereunder.
    49    § 11. Section 3 of a chapter of the laws of 2025 amending  the  public
    50  health law relating to a terminally ill patient's request for and use of
    51  medication  for  medical  aid in dying, as proposed in legislative bills
    52  numbers S. 138 and A. 136, is amended to read as follows:
    53    § 3. This act shall take  effect  [immediately]  on  the  one  hundred
    54  eightieth  day after it shall have become a law.  Effective immediately,
    55  the addition, amendment and/or repeal of any rule or  regulation  neces-
    56  sary  for  the  implementation  of  this  act  on its effective date are
        A. 9515                            11
 
     1  authorized to be made and completed on or before  such  effective  date.
     2  Notwithstanding  any provisions to the contrary in the state administra-
     3  tive procedure act, such rules or regulations may be adopted on an emer-
     4  gency basis.
     5    §  12. This act shall take effect immediately; provided, however, that
     6  the provisions of sections one, two,  three,  four,  five,  six,  seven,
     7  eight,  nine  and ten of this act shall take effect on the same date and
     8  in the same manner as a chapter of the laws of 2025 amending the  public
     9  health law relating to a terminally ill patient's request for and use of
    10  medication  for  medical  aid in dying, as proposed in legislative bills
    11  numbers S. 138 and A. 136, takes effect.