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.
