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Senate Bill S1207A

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

download bill text pdf

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Archive: Last Bill Status Via A5309 - Signed by Governor

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Bill Amendments

co-Sponsors

2013-S1207 - Details

See Assembly Version of this Bill:
A5309
Law Section:
Public Health Law
Laws Affected:
Amd §§2992 & 2994-r, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7765, A10486

2013-S1207 - Summary

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

2013-S1207 - Sponsor Memo

2013-S1207 - Bill Text download pdf 

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

                                  1207

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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  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.

co-Sponsors

2013-S1207A (ACTIVE) - Details

See Assembly Version of this Bill:
A5309
Law Section:
Public Health Law
Laws Affected:
Amd §§2992 & 2994-r, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7765, A10486

2013-S1207A (ACTIVE) - Summary

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

2013-S1207A (ACTIVE) - Sponsor Memo

2013-S1207A (ACTIVE) - Bill Text download pdf 

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

                                 1207--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. CARLUCCI, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted 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
PROVISION IN A PARTICULAR CASE MAY BE WAIVED OR MODIFIED IN THE INTEREST
OF JUSTICE; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05345-03-3

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