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Assembly Bill A5309A

Signed By Governor

2013-2014 Legislative Session

Relates to 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 - Signed by Governor

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2013-A5309 - Details

See Senate Version of this Bill:
S1207
Law Section:
Public Health Law
Laws Affected:
Amd §§2992 & 2994-r, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A10486, S7765

2013-A5309 - Summary

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

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

multi-Sponsors

2013-A5309A (ACTIVE) - Details

See Senate Version of this Bill:
S1207
Law Section:
Public Health Law
Laws Affected:
Amd §§2992 & 2994-r, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A10486, S7765

2013-A5309A (ACTIVE) - Summary

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

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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