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A08521 Summary:

BILL NOA08521
 
SAME ASSAME AS S08062
 
SPONSORDinowitz
 
COSPNSRSayegh
 
MLTSPNSR
 
Amd §307, St Tech L
 
Provides for the remote witnessing of health care proxies utilizing audio-video technology or telephone.
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A08521 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8521
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the state technology law, in relation to providing for the remote conduct of witnessing health care proxies   PURPOSE: To make conforming changes to the Electronic Signatures and Records Act (ESRA) to allow for the remote witnessing of a health care proxy using audiovisual technology.   SUMMARY OF PROVISIONS: This bill amends Chapter 636 of the Laws of 2023 by making conforming changes to section 307 of the State Technology Law, part of the Elec- tronic Signatures and Records Act, to remove an exception that did not allow an electronic signature to be used in lieu of a signature affixed by hand.   JUSTIFICATION: The COVID-19 global pandemic has revealed a number of areas where barri- ers to remote procedures should be removed. Witnessing of health care proxies (executive orders notwithstanding) is one area where the law currently requires certain actions to be performed in-person. While access to audiovisual video conferencing is becoming more prevalent and commonly used, the law should be updated to allow for such technology to be utilized in order to facilitate these important actions in a safe, socially-distanced manner. When the Electronic Signature and Records Act (ESRA) was enacted in 1999, the sponsors recognized a need to ensure public confidence, for the act to serve as a flexible and reflective foundation for future legislation, and recognized the need to exercise prudence and restraint to avoid unintended consequences. At this time, health care proxies were considered "special signatures" which "may be allowed to be affixed electronically, and will likely be addressed in future legislation" but were exempted from ESRA at time. Following a global pandemic where remote technology was a necessity and with advances in secure remote technology and public trust around electronic signatures, these amend- ments make a conforming change to ESRA to ensure that during an emotionally significant time, the witnessing of a. health care proxy can take place at the time and convenience of the individual.   LEGISLATIVE HISTORY: This is a new bill.   BUDGET IMPLICATIONS: None noted.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2023 amending the public health law relating to providing for the remote conduct of witnessing health care proxies, as proposed in legislative bills numbers S. 5100 and A. 2190, takes effect.
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A08521 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8521
 
                   IN ASSEMBLY
 
                                     January 5, 2024
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Health
 
        AN  ACT  to amend the state technology law, in relation to providing for
          the remote conduct of witnessing health care proxies
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 307 of the state technology law,
     2  as amended by chapter 222 of the laws of 2021, is  amended  to  read  as
     3  follows:
     4    1.  To  any  document providing for the disposition of an individual's
     5  person or property upon death or incompetence, or appointing a fiduciary
     6  of an individual's person or property,  including,  without  limitation,
     7  wills,  trusts,  decisions  consenting to orders not to resuscitate, and
     8  powers of attorney [and health care proxies], with the exception of: (a)
     9  contractual beneficiary designations; (b) the  registration  of  making,
    10  amending,  or  revoking  an  anatomical  gift  under section forty-three
    11  hundred ten of the public  health  law;  and  (c)  documents  and  forms
    12  authorizing or accepting funeral, cemetery and cremation services.
    13    §  2.  This  act  shall  take  effect on the same date and in the same
    14  manner as a chapter of the laws of 2023 amending the public  health  law
    15  relating  to  providing for the remote conduct of witnessing health care
    16  proxies, as proposed in legislative bills numbers S. 5100 and  A.  2190,
    17  takes effect.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01025-02-4
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