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- Referred to rules
Companion bill
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Prohibits the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal
In Assembly Committee · Health · Sponsor Nancy Calhoun
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7765
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 2999-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
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.