BILL NUMBER: S6687
SPONSOR: CLEARE
 
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:
2023-24: A.385 - Referred to Health
2021-22: A.1303 - Referred to Health; S.8279 - Referred to Health
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.

Statutes affected:
S6687: 2981 public health law, 2981(2) public health law, 170.10 penal law, 170.10(1) penal law