Bill Text: NY S07765 | 2011-2012 | General Assembly | Introduced

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

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-06-18 - REFERRED TO RULES [S07765 Detail]

Download: New_York-2011-S07765-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7765
                                   I N  S E N A T E
                                     June 18, 2012
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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:
    1    Section  1.  Subdivision 1 of section 2985 of the public health law is
    2  amended by adding a new paragraph (f) to read as follows:
    3    (F) THE APPOINTMENT OF A HEALTH CARE AGENT SHALL BE REVOKED UPON:  (1)
    4  THE  AGENT BECOMING THE SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE
    5  PRINCIPAL; OR (2) THE AGENT BEING ARRESTED OR  CRIMINALLY  CHARGED  WITH
    6  ANY CRIME SET FORTH IN THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY
    7  CAUSALLY RELATED TO THE INCAPACITATION OF THE PRINCIPAL.
    8    S  2.  Subdivision  2  of  section 2994-d of the public health law, as
    9  added by chapter 8 of the laws of 2010, is amended to read as follows:
   10    2. Restrictions on who may be a surrogate. (A) An  operator,  adminis-
   11  trator,  or  employee  of  a  hospital or a mental hygiene facility from
   12  which the patient was transferred, or a physician who has privileges  at
   13  the  hospital or a health care provider under contract with the hospital
   14  may not serve as the surrogate for any adult who is a  patient  of  such
   15  hospital,  unless  such  individual  is related to the patient by blood,
   16  marriage, domestic partnership, or adoption, or is a close friend of the
   17  patient whose friendship with the patient preceded the patient's  admis-
   18  sion  to the facility. If a physician serves as surrogate, the physician
   19  shall not act as the patient's attending  physician  after  his  or  her
   20  authority as surrogate begins.
   21    (B)  NO  PERSON  SHALL  SERVE  AS A SURROGATE IF HE OR SHE: (1) IS THE
   22  SUBJECT OF AN ORDER OF PROTECTION PROTECTING THE INCAPACITATED  PATIENT;
   23  OR  (2) HAS BEEN ARRESTED OR CRIMINALLY CHARGED WITH ANY CRIME SET FORTH
   24  IN THE PENAL LAW AS A RESULT OF ANY ACTION ALLEGEDLY CAUSALLY RELATED TO
   25  THE INCAPACITATION OF THE PATIENT.
   26    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