Makes technical correction to provisions designating surrogate decision-making committees as guardians of mentally retarded persons when making health care decisions.
BILL NUMBER: S2225
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JUSTIFICATION : The Health Care Decisions Act (HCDA) for persons with Mental Retardation was originally enacted as Chapter 500 of the Laws of 2002.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.
STATE OF NEW YORK ________________________________________________________________________ 2225 2009-2010 Regular Sessions IN SENATE February 13, 2009 ___________Introduced by Sen. HUNTLEY -- 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 a surrogate decision-making committee acting as the guardian of a mentally retarded person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of paragraph (a) of subdivision 1 of section 1750-b of the surrogate's court procedure act, as added by chap- ter 262 of the laws of 2008, is amended to read as follows: In the case of a person for whom no guardian has been appointed pursu- ant to this article or for whom there is no qualified family member available to make such a decision, a "guardian" shall also mean, notwithstanding the definitions in section 80.03 of the mental hygiene law, a surrogate
[court]decision-making committee, as defined in arti- cle eighty of the mental hygiene law. All declarations and procedures, including expedited procedures, to comply with this section shall be established by regulations promulgated by the commission on quality of care and advocacy for persons with disabilities. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06067-01-9