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Sponsors
Senator · Senate District 38
History
- Substituted by A5309A
- Advanced to third reading
- 2nd report cal.
- 1st report cal.201
- Referred to health
- Print number 1207a
- Amend (t) and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the appointment of a health care agent or surrogate who is the subject of an order of protection protecting the principal
Signed by Governor · Sponsor James Skoufis
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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
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. There are no explicit provisions under current law that provide for removal of such persons as healthcare agents or surrogates. This bill permits a court to remove such persons as healthcare agents or surrogates.
Legislative history
2012 - S.7765 - Referred to Rules
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.