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Assembly Bill A10486

2011-2012 Legislative Session

Prohibits the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal

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Archive: Last Bill Status - In Assembly Committee

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2011-A10486 (ACTIVE) - Details

See Senate Version of this Bill:
S7765
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2985 & 2994-d, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A5309, S1207

2011-A10486 (ACTIVE) - Summary

Prohibits the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal.

2011-A10486 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10486

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by M. of A. CALHOUN -- 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
                      [ ] is old law to be omitted.
                                                           LBD16066-01-2

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