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Sponsors
No co-sponsors yet.
History
- Substituted by A2003
- Advanced to third reading
- 2nd report cal.
- 1st report cal.73
- Referred to judiciary
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.
Makes technical correction to provisions designating surrogate decision-making committees as guardians of mentally retarded persons
Signed by Governor · Sponsor Harvey Weisenberg
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the surrogate's court procedure act, in relation to a surrogate decision-making committee acting as the guardian of a mentally retarded person
Purpose
To make a technical correction to Chapter 262 of the Laws of 2008 which allowed Surrogate Decision Making Committees to make certain treatment decisions pursuant to section 1750-b of the Surrogate's Court Procedure Act.
Summary of provisions
Section one of the bill removes the word "court" which was inappropriately included in the reference to a surrogate decision making committee.
Justification
The Health Care Decisions Act (HCDA) for persons with Mental Retardation was originally enacted as Chapter 500 of the Laws of 2002. It has been subsequently amended several times to among other things, allow Surrogate Decision Making Committees (SDMCs) to make major medical decisions on behalf of individuals with developmental disabilities. Chapter 262 of the laws of 2008, which this bill makes a technical amendment to, authorizes SDMCs to make a decision to withhold or withdraw life-sustaining treatment only if no guardian or involved family member, as authorized by Chapter 105 of 2007, is available. It also authorizes dispute mediation systems or a hospice ethics committee to attempt non-binding resolution of a dispute emanating from an objection to a decision. If mediation is not available or unable to resolve a dispute, the objection proceeds to judicial review.
Legislative history
New Bill making a technical amendment to Chapter 262 of 2008.
Fiscal implications
There is no fiscal impact.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.