S 5893: Provides certain requirements for health care proxies and death certificates.

  
  STATE OF NEW YORK ________________________________________________________________________ 5893 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to requirements for health care proxies and death certificates The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The subdivision heading and paragraph (a) of subdivision 2 2 of section 2981 of the public health law, as amended by chapter 708 of 3 the laws of 2019, are amended to read as follows: 4 Health care proxy; execution[; witnesses]. (a) A competent adult may 5 appoint a health care agent by a health care proxy, signed and dated by 6 the adult [in the presence of two adult witnesses who shall also sign 7 the proxy] and sworn to before a notary public. Another person may sign 8 and date the health care proxy for the adult if the adult is unable to 9 do so, at the adult's direction and in the adult's presence, and in the 10 presence of [two adult witnesses who shall sign the proxy. The witnesses 11 shall state that the principal appeared to execute the proxy willingly 12 and free from duress. The person appointed as agent shall not act as 13 witness to execution of the health care proxy] a notary public. 14 § 2. Subdivision 2 of section 2982 of the public health law, as 15 amended by chapter 619 of the laws of 2024, is amended to read as 16 follows: 17 2. Decision-making standard. After consultation with a licensed physi- 18 cian, registered nurse, physician assistant, nurse practitioner, 19 licensed psychologist, licensed master social worker, or a licensed 20 clinical social worker, the agent shall make health care decisions: (a) 21 in accordance with the principal's wishes, including the principal's 22 religious and moral beliefs; or (b) if the principal's wishes are not 23 reasonably known and cannot with reasonable diligence be ascertained, in 24 accordance with the principal's best interests; provided, however, that 25 if the principal's wishes regarding the administration of artificial EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10505-01-5 
 S. 5893 2 1 nutrition and hydration are not reasonably known and cannot with reason- 2 able diligence be ascertained, the agent shall not have the authority to 3 make decisions regarding these measures; provided, however, the agent 4 may not make health care decisions which will eventually end the life of 5 a person without receiving written opinion from two medical doctors, who 6 are not the person's attending physician, stating that they agree with 7 the health care decision. 8 § 3. Subdivision 4 of section 4141 of the public health law is amended 9 by adding a new paragraph (e) to read as follows: 10 (e) Where a death is the result of the health care decision of a 11 health care agent which caused the withdrawal of nutrition or hydration, 12 it shall be stated on the death certificate. 13 § 4. This act shall take effect immediately; provided, however, if 14 chapter 619 of the laws of 2024 shall not have taken effect on or before 15 such date then section two of this act shall take effect on the same 16 date and in the same manner as such chapter of the laws of 2024, takes 17 effect.