Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Jul 16, 2009 |
committed to rules |
Jun 04, 2009 |
advanced to third reading |
Jun 03, 2009 |
2nd report cal. |
Jun 02, 2009 |
1st report cal.528 |
May 05, 2009 |
referred to judiciary |
Senate Bill S5435
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
2009-S5435 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Surrogate's Court Procedure Act
- Laws Affected:
- Amd §1750-b, SCPA
- Versions Introduced in 2011-2012 Legislative Session:
-
S3169
2009-S5435 (ACTIVE) - Summary
Authorizes the consumer advisory board to make health care decisions for certain developmentally disabled persons who resided at the former Willowbrook state school on March 17, 1972 or subsequently returned to such school, and who have no appointed guardians or family members.
2009-S5435 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5435 TITLE OF BILL : An act to amend the surrogate's court procedure act, in relation to authorizing the consumer advisory board to make health care decisions for certain residents of the former Willowbrook state school PURPOSE OF THE BILL : This bill would amend the Surrogate's Court Procedure Act (SCPA) to authorize the Consumer Advisory Board (CAB) to make end-of-life decisions for persons with developmental disabilities resided at the Willowbrook State School as of March 17, 1972 or those 104 individuals who were in community care status on that date and subsequently returned to Willowbrook or a related facility ("Willowbrook Class members") who lack capacity to make their own health care decisions. SUMMARY OF PROVISIONS : Section 1 of the bill would amend SCPA § 1750-b(1)(a) and (b) to authorize the CAB to make decisions regarding the withholding or withdrawing of life-sustaining treatment for Willowbrook Class members who are fully represented by the CAB and who have no guardian or r qualified family member to make such a decision on their behalf and to
2009-S5435 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5435 2009-2010 Regular Sessions I N S E N A T E May 5, 2009 ___________ Introduced by Sen. HUNTLEY -- (at request of the Office of Mental Retar- dation Development Disabilities) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the surrogate's court procedure act, in relation to authorizing the consumer advisory board to make health care decisions for certain residents of the former Willowbrook state school THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 1750-b of the surrogate's court procedure act, as added by chapter 105 of the laws of 2007, the closing paragraph of paragraph (a) as added by chapter 262 of the laws of 2008, are amended to read as follows: (a) For the purposes of making a decision to withhold or withdraw life-sustaining treatment pursuant to this section, in the case of a person for whom no guardian has been appointed pursuant to section seventeen hundred fifty or seventeen hundred fifty-a of this article, a "guardian" shall also mean a family member of a person who (i) has mental retardation, or (ii) has a developmental disability, as defined in section 1.03 of the mental hygiene law, which (A) includes mental retardation, or (B) results in a similar impairment of general intellec- tual functioning or adaptive behavior so that such person is incapable of managing himself or herself, and/or his or her affairs by reason of such developmental disability. Qualified family members shall be included in a prioritized list OF SAID FAMILY MEMBERS pursuant to regu- lations established by the commissioner of mental retardation and devel- opmental disabilities. Such family members must have a significant and ongoing involvement in a person's life so as to have sufficient know- ledge of their needs and, when reasonably known or ascertainable, the person's wishes, including moral and religious beliefs. IN THE CASE OF A PERSON WHO WAS A RESIDENT OF THE FORMER WILLOWBROOK STATE SCHOOL ON MARCH SEVENTEENTH, NINETEEN HUNDRED SEVENTY-TWO AND THOSE ONE HUNDRED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07417-03-9
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