senate Bill S3169

2011-2012 Legislative Session

Authorizes consumer advisory board to make health care decisions for certain developmentally disabled persons who resided at the former Willowbrook state school

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Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Feb 10, 2011 referred to judiciary

S3169 - Details

Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1750-b, SCPA
Versions Introduced in 2009-2010 Legislative Session:
S5435

S3169 - 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.

S3169 - Sponsor Memo

S3169 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3169

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 10, 2011
                               ___________

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
  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. The opening paragraph of paragraph (a) of subdivision 1 of
section 1750-b of the surrogate's court procedure  act,  as  amended  by
chapter 8 of the laws of 2010, is amended to read as follows:
  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  retarda-
tion, 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 intellectual 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 regulations established by the
commissioner of mental retardation and developmental disabilities.  Such
family  members  must  have  a  significant and ongoing involvement in a
person's life so as to have sufficient knowledge  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 FOUR individuals who  were  in
community  care status on that date and subsequently returned to Willow-
brook or a related facility, who are fully represented by  the  consumer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08756-01-1

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