STATE OF NEW YORK
        ________________________________________________________________________

                                           385

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, GUNTHER, BRONSON -- Multi-Sponsored
          by  --  M.  of  A.  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.
                                                                   LBD00760-01-3

        A. 385                              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.