S T A T E O F N E W Y O R K
________________________________________________________________________
1143
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
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Introduced by Sens. PARKER, DILAN, DUANE, HASSELL-THOMPSON, KRUEGER,
MONTGOMERY, SAMPSON, SERRANO -- 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 patient hospital
admissions form and authorization for visitation and surgery to be
made by domestic partners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2805-b of the public health law is amended by
adding a new subdivision 6 to read as follows:
6. THE STAFF OF A GENERAL HOSPITAL SHALL INQUIRE WHETHER OR NOT THE
PERSON ADMITTED WISHES TO DESIGNATE A PERSON AS A DOMESTIC PARTNER WHO
IN THE ABSENCE AND UNAVAILABILITY OF A NEXT-OF-KIN OR NEAREST RELATIVE
SHALL HAVE ALL OF THE PRIVILEGES OF A NEXT-OF-KIN RESPECTING VISITATION
AND AUTHORIZATION FOR SURGERY SHOULD THE PERSON ADMITTED SUBSEQUENTLY
BECOME UNABLE TO GRANT SUCH AUTHORIZATION AND HAS GIVEN NO SPECIFIC
INSTRUCTIONS, AND BECOMES UNABLE TO EXECUTE A HEALTH-CARE PROXY OR MAKE
DECISIONS ABOUT HIS/HER HEALTH CARE. SUCH INFORMATION SHALL BE LISTED
ON THE ADMISSIONS FORM. THE STAFF SHALL RESPECT THE WISHES OF THE PERSON
ADMITTED RESPECTING SUCH AUTHORIZATION ONLY TO THE SAME EXTENT AS THEY
WOULD FOR A PERSON WHO IS THE NEXT-OF-KIN. PROVIDED, HOWEVER, THAT NOTH-
ING IN THIS SUBDIVISION SHALL BE DEEMED TO GRANT A DOMESTIC PARTNER ANY
GREATER RIGHTS OR PRIVILEGES THAN THOSE THAT WOULD BE RECOGNIZED FOR A
NEXT-OF-KIN. PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN THIS SUBDIVI-
SION SHALL PRECLUDE THE USE OF A HEALTH-CARE PROXY OR LIVING WILL OR
BOTH FOR SUCH PURPOSE AND UNLESS REVOKED THE PROVISIONS OF SUCH PROXY OR
LIVING WILL OR BOTH SHALL PREVAIL OVER ANY DESIGNATION MADE ON AN ADMIS-
SIONS FORM PURSUANT TO THIS SUBDIVISION.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date is authorized and directed to be made and completed
on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02177-01-1