Bill Text: NY S01990 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to witnesses to a health care proxy; changes the witness requirement for the health care proxy from two adult witnesses to one adult witness; makes an exception for persons who reside in mental health facilities by requiring such persons to have two adult witnesses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2010-08-30 - VETOED MEMO.6788 [S01990 Detail]

Download: New_York-2009-S01990-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1990
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 10, 2009
                                      ___________
       Introduced  by  Sen.  HANNON -- 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  witnesses  to  a
         health care proxy
         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  added  by  chapter 752 of the laws of 1990, 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, EXCEPT FOR PERSONS
    7  WHO RESIDE IN MENTAL HEALTH  FACILITIES  OPERATED  OR  LICENSED  BY  THE
    8  OFFICE OF MENTAL HEALTH OR THE OFFICE OF MENTAL RETARDATION AND DEVELOP-
    9  MENTAL  DISABILITIES,  WHO  SHALL SIGN SUCH PROXY IN THE PRESENCE OF TWO
   10  ADULT WITNESSES WHO SHALL ALSO SIGN THE PROXY.  Another person may  sign
   11  and  date  the health care proxy for the adult if the adult is unable to
   12  do so, at the adult's direction and in the adult's presence, and in  the
   13  presence  of  [two]  ONE  adult  [witnesses]  WITNESS who shall sign the
   14  proxy. The [witnesses] WITNESS 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04172-01-9