Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 22, 2014 |
signed chap.93 |
Jul 11, 2014 |
delivered to governor |
Mar 10, 2014 |
returned to assembly passed senate 3rd reading cal.201 substituted for s1207a |
Mar 10, 2014 |
substituted by a5309a |
Mar 04, 2014 |
advanced to third reading |
Mar 03, 2014 |
2nd report cal. |
Feb 27, 2014 |
1st report cal.201 |
Jan 08, 2014 |
referred to health |
Jun 11, 2013 |
print number 1207a |
Jun 11, 2013 |
amend (t) and recommit to health |
Jan 09, 2013 |
referred to health |
Senate Bill S1207A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status Via A5309 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C) Senate District
2013-S1207 - Details
2013-S1207 - Sponsor 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
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
(R, C) Senate District
(R, C, IP) Senate District
(D, WF) Senate District
2013-S1207A (ACTIVE) - Details
2013-S1207A (ACTIVE) - Sponsor Memo
BILL NUMBER:S1207A TITLE OF BILL: An act to amend the public health law, in relation to certain health care agents or surrogates and protecting patients PURPOSE: Permits a court to remove the authority of a health care agent or surrogate to make medical decisions for a beneficiary if the agent is subject to an order of protection against the beneficiary; or has been arrested Or criminally charged with, a criminal act that allegedly caused the beneficiary's incapacitation. SUMMARY OF PROVISIONS: Section 1 of the bill permits a court to remove a health care agent if the agent is subject to an order of protection against the beneficiary or has been arrested or criminally charged with a criminal act that allegedly caused the beneficiary's incapacitation. Section 2 of the bill makes corresponding changes to health surrogates. Section 3 of the bill provides the effective date. JUSTIFICATION:
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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