S1207-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S1207-2013 Memo

BILL NUMBER:S1207

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
Disqualifies an individual who: 1) is
the subject of an incapacitated person's order of protection; or
2)has been arrested or criminally charged with any Penal Law offense
that is allegedly casually related to the incapacitated person's
incapacitation from serving as the incapacitated person's health care
agent or surrogate.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 2985 of the public health
law to prohibit an individual who: 1) is the subject of an
incapacitated person's order of protection; or 2) has been arrested
or criminally charged with any Penal Law offense that is allegedly
casually related to the incapacitated person's incapacitation from
serving as the incapacitated person's health care agent.

Section 2 amends Subdivision two of section 2994-d of the public
health law to prohibit an individual who: 1) is the subject of an
incapacitated person's order of protection; or 2) has been arrested
or criminally charged with any Penal Law offense that is allegedly
casually related to the incapacitated person's incapacitation from
serving as the incapacitated person's health care surrogate.

Section 3 is the effective date.

JUSTIFICATION:
Allowing the person who is responsible for another
person's death to continue to be their healthcare agent or surrogate
is disrespectful to the person's family and friends. A person who is
responsible for the incapacitation of such person is not suitable to
act in a rational manner in making healthcare decisions and may not
have that person's best interests in mind.

LEGISLATIVE HISTORY:
2012 - S.7765 - Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1207-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1207
 2013-2014 Regular Sessions
 I N  SENATE
 (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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05345-01-3

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