Bill > S05893

This bill modifies existing public health law regarding health care proxies and death certificates, introducing several key changes. First, it replaces the previous requirement of two adult witnesses with a new mandate that health care proxies must be sworn before a notary public when signed. The bill also updates the decision-making standard for health care agents, specifying that they must make decisions either in accordance with the principal's known wishes or in their best interests. Importantly, the bill adds a significant new restriction: for health care decisions that could potentially end a person's life, the agent must obtain written opinions from two medical doctors (who are not the attending physician) agreeing with the proposed decision. Additionally, the bill requires that if a death results from a health care agent's decision to withdraw nutrition or hydration, this must be explicitly stated on the death certificate. These changes aim to provide more legal oversight and transparency in health care proxy situations, particularly in end-of-life scenarios, by introducing stricter documentation and consultation requirements.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S5893