Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 22, 2014 |
signed chap.93 |
Jul 11, 2014 |
delivered to governor |
Mar 10, 2014 |
returned to assembly passed senate 3rd reading cal.201 substituted for s1207a |
Jan 28, 2014 |
referred to health delivered to senate passed assembly |
Jan 08, 2014 |
ordered to third reading cal.241 returned to assembly died in senate |
Jun 19, 2013 |
referred to rules delivered to senate passed assembly |
Jun 18, 2013 |
ordered to third reading rules cal.421 rules report cal.421 reported |
Jun 17, 2013 |
reported referred to rules |
Jun 04, 2013 |
print number 5309a |
Jun 04, 2013 |
amend (t) and recommit to codes reported referred to codes |
Feb 22, 2013 |
referred to health |
Assembly Bill A5309A
Signed By Governor2013-2014 Legislative Session
Sponsored By
SKOUFIS
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
Kenneth Zebrowski
Aileen Gunther
Andrew Raia
Robin Schimminger
multi-Sponsors
Carmen E. Arroyo
Vivian Cook
Janet Duprey
Vanessa Gibson
2013-A5309 - Details
2013-A5309 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5309 2013-2014 Regular Sessions I N A S S E M B L Y February 22, 2013 ___________ Introduced by M. of A. SKOUFIS -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to prohibiting the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 2985 of the public health law is amended by adding a new paragraph (f) to read as follows: (F) THE APPOINTMENT OF A HEALTH CARE AGENT SHALL BE REVOKED UPON: (1) THE AGENT BECOMING THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE PRINCIPAL; OR (2) THE AGENT BEING ARRESTED OR CRIMINALLY CHARGED WITH ANY CRIME SET FORTH IN THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY CAUSALLY RELATED TO THE INCAPACITATION OF THE PRINCIPAL. S 2. Subdivision 2 of section 2994-d of the public health law, as added by chapter 8 of the laws of 2010, is amended to read as follows: 2. Restrictions on who may be a surrogate. (A) An operator, adminis- trator, or employee of a hospital or a mental hygiene facility from which the patient was transferred, or a physician who has privileges at the hospital or a health care provider under contract with the hospital may not serve as the surrogate for any adult who is a patient of such hospital, unless such individual is related to the patient by blood, marriage, domestic partnership, or adoption, or is a close friend of the patient whose friendship with the patient preceded the patient's admis- sion to the facility. If a physician serves as surrogate, the physician shall not act as the patient's attending physician after his or her authority as surrogate begins. (B) NO PERSON SHALL SERVE AS A SURROGATE IF HE OR SHE: (1) IS THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE INCAPACITATED PATIENT; OR (2) HAS BEEN ARRESTED OR CRIMINALLY CHARGED WITH ANY CRIME SET FORTH IN THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY CAUSALLY RELATED TO THE INCAPACITATION OF THE PATIENT. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
Kenneth Zebrowski
Aileen Gunther
Andrew Raia
Robin Schimminger
multi-Sponsors
Carmen E. Arroyo
Vivian Cook
Janet Duprey
Rhoda Jacobs
2013-A5309A (ACTIVE) - Details
2013-A5309A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5309--A 2013-2014 Regular Sessions I N A S S E M B L Y February 22, 2013 ___________ Introduced by M. of A. SKOUFIS, ZEBROWSKI, GUNTHER, RAIA, SCHIMMINGER, GALEF, JAFFEE, MONTESANO, TITONE, BRONSON, ROBERTS, OTIS -- Multi- Sponsored by -- M. of A. ARROYO, COOK, DUPREY, GIBSON, JACOBS, PERRY, ROBINSON, SCHIMEL, SEPULVEDA, WEISENBERG -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to certain health care agents or surrogates and protecting patients THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2992 of the public health law, as added by chapter 752 of the laws of 1990, is amended to read as follows: S 2992. Special proceeding authorized. The health care provider, the conservator for, or committee of the principal, members of the princi- pal's family, a close friend of the principal as defined in subdivision five of section two thousand nine hundred sixty-one of this chapter, or the commissioner of health, mental health, or [mental retardation and] developmental disabilities may commence a special proceeding pursuant to article four of the civil practice law and rules, in a court of compe- tent jurisdiction, with respect to any dispute arising under this arti- cle, including, but not limited to, a proceeding to: 1. determine the validity of the health care proxy; 2. have the agent removed on the ground that the agent (a) is not reasonably available, willing and competent to fulfill his or her obli- gations under this article [or]; (b) is acting in bad faith; OR (C) IS THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE PRINCIPAL OR HAS BEEN ARRESTED OR CHARGED FOR A CRIMINAL ACT THAT ALLEGEDLY CAUSED THE PRINCIPAL'S LACK OF CAPACITY OR SUBSTANTIALLY INJURED OR IMPAIRED THE HEALTH STATUS OF THE PRINCIPAL, PROVIDED THAT THE APPLICATION OF THIS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05345-02-3
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