NY A08389

Amends Public Health Law to allow a health care agent's authority to commence when a principal is found outside a hospital, mental hygiene facility, or residential health care facility and is in an unconscious or unresponsive state

Creates a presumption of incapacity for the limited purpose of allowing health care agents to decide which hospital, mental hygiene facility, or residential health care provider the unconscious or unresponsive principal should be transported to

Eliminates the requirement for an attending physician determination of incapacity when the principal is unconscious or unresponsive outside a facility setting, though physician determination still required in other circumstances

Establishes a 120-day effective date after the bill becomes law, with authority granted to adopt necessary rules and regulations immediately upon enactment