Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to health |
Jun 24, 2011 |
committed to rules |
Jun 07, 2011 |
advanced to third reading |
Jun 06, 2011 |
2nd report cal. |
Jun 02, 2011 |
1st report cal.970 |
Mar 02, 2011 |
referred to health |
Senate Bill S3737
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- 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
co-Sponsors
(R, C) Senate District
2011-S3737 (ACTIVE) - Details
2011-S3737 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3737 TITLE OF BILL: An act to amend the public health law, in relation to allowing an adult to opt to make a health care agent's authority effective without a determination of incapacity PURPOSE OR GENERAL IDEA OF BILL: This bill allows an adult to make his or her health care proxy become effective even while the adult has capacity, as opposed to only upon determination of incapacity. SUMMARY OF SPECIFIC PROVISIONS: Section 1 is the legislative intent. Section 2 allows an adult to specify in his or her health care proxy that the agent's authority shall commence without a determination that the principal lacks capacity. Sections 3 and 4 require that, when an agent's authority has commenced without a determination of incapacity and a health care decision requires informed consent, the health care provider must either (i) get the patient's informed consent or (ii) get the agent's informed consent and (as practicable) consult the patient and get the patient's non-objection to the agent's decision.
2011-S3737 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3737 2011-2012 Regular Sessions I N S E N A T E March 2, 2011 ___________ Introduced by Sen. HANNON -- 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 allowing an adult to opt to make a health care agent's authority effective without a determination of incapacity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The legislature finds that the health care proxy has proven invaluable as a means for an adult to appoint a health care agent to protect his or her wishes and interests in the event the adult loses the capacity to make those decisions personally. Yet in some instances an adult may wish the assistance of a health care agent even while he or she still has decisional capacity. For example, an adult who finds it very difficult to make health care decisions personally because of a chronic illness or disability may wish a trusted family member's assist- ance in making some or all such decisions for him or her, even though the adult does not lack decision-making capacity. The legislature finds that allowing adults to opt to make their health care proxy become effective immediately or upon some other event defined by the adult, as opposed to only upon a determination of incapacity, would enable adults to secure that needed assistance. This "enhanced health care proxy" would also help patients overcome the reluctance of some health care professionals to share health information with a patient's family member or friend, or involve such person in decision- making, unless such person has effective authority under a health care proxy. At the same time, the legislature recognizes that health care provid- ers must always involve an adult patient who has capacity in significant health care decisions, even if the patient had empowered an agent to act for him or her. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02456-01-1
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