Assembly Bill A3007

2011-2012 Legislative Session

Requires patient hospital admissions form allow patient to designate a domestic partner with the same privileges as a next-of-kin respecting authorizing surgery

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2011-A3007 (ACTIVE) - Details

See Senate Version of this Bill:
S1143
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง2805-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3372, S2278
2013-2014: S2839
2015-2016: S2379
2017-2018: S2266
2019-2020: S5028
2021-2022: S5432
2023-2024: S6845

2011-A3007 (ACTIVE) - Summary

Requires that patient hospital admissions form allow patient to designate a domestic partner with the same privileges as a next-of-kin respecting visitation and the authorizing of surgery for a patient in the absence and unavailability of a next-of-kin or nearest relative where the patient has given no specific instructions and becomes unable to execute a health care proxy or make decisions about his/her health care.

2011-A3007 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3007

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced  by  M.  of  A. PERRY, HOYT -- Multi-Sponsored by -- M. of A.
  AUBRY, BROOK-KRASNY, COOK, ENGLEBRIGHT, GLICK, HOOPER, JAFFEE,  MAYER-
  SOHN, MENG, MILLMAN, PEOPLES-STOKES, PHEFFER, SCHROEDER, TOWNS -- read
  once and referred to the Committee on Health

AN  ACT  to amend the public health law, in relation to patient hospital
  admissions form and authorization for visitation  and  surgery  to  be
  made by domestic partners

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2805-b of the  public  health  law  is  amended  by
adding a new subdivision 6 to read as follows:
  6.  THE  STAFF  OF A GENERAL HOSPITAL SHALL INQUIRE WHETHER OR NOT THE
PERSON ADMITTED WISHES TO DESIGNATE A PERSON AS A DOMESTIC  PARTNER  WHO
IN  THE  ABSENCE AND UNAVAILABILITY OF A NEXT-OF-KIN OR NEAREST RELATIVE
SHALL HAVE ALL OF THE PRIVILEGES OF A NEXT-OF-KIN RESPECTING  VISITATION
AND  AUTHORIZATION  FOR  SURGERY SHOULD THE PERSON ADMITTED SUBSEQUENTLY
BECOME UNABLE TO GRANT SUCH AUTHORIZATION  AND  HAS  GIVEN  NO  SPECIFIC
INSTRUCTIONS,  AND BECOMES UNABLE TO EXECUTE A HEALTH-CARE PROXY OR MAKE
DECISIONS ABOUT HIS/HER HEALTH CARE.  SUCH INFORMATION SHALL  BE  LISTED
ON THE ADMISSIONS FORM. THE STAFF SHALL RESPECT THE WISHES OF THE PERSON
ADMITTED  RESPECTING  SUCH AUTHORIZATION ONLY TO THE SAME EXTENT AS THEY
WOULD FOR A PERSON WHO IS THE NEXT-OF-KIN. PROVIDED, HOWEVER, THAT NOTH-
ING IN THIS SUBDIVISION SHALL BE DEEMED TO GRANT A DOMESTIC PARTNER  ANY
GREATER  RIGHTS  OR PRIVILEGES THAN THOSE THAT WOULD BE RECOGNIZED FOR A
NEXT-OF-KIN. PROVIDED, FURTHER, HOWEVER, THAT NOTHING IN  THIS  SUBDIVI-
SION  SHALL  PRECLUDE  THE  USE OF A HEALTH-CARE PROXY OR LIVING WILL OR
BOTH FOR SUCH PURPOSE AND UNLESS REVOKED THE PROVISIONS OF SUCH PROXY OR
LIVING WILL OR BOTH SHALL PREVAIL OVER ANY DESIGNATION MADE ON AN ADMIS-
SIONS FORM PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02177-01-1

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