senate Bill S2225

Makes technical correction to provisions designating surrogate decision-making committees as guardians of mentally retarded persons

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Feb / 2009
    • REFERRED TO JUDICIARY
  • 03 / Mar / 2009
    • 1ST REPORT CAL.73
  • 04 / Mar / 2009
    • 2ND REPORT CAL.
  • 05 / Mar / 2009
    • ADVANCED TO THIRD READING
  • 09 / Mar / 2009
    • SUBSTITUTED BY A2003

Summary

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Bill Details

See Assembly Version of this Bill:
A2003
Versions:
S2225
Legislative Cycle:
2009-2010
Law Section:
Surrogate's Court Procedure Act

Sponsor Memo

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Retardation was originally enacted as Chapter 500 of the Laws of 2002.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.
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