senate Bill S7157

2013-2014 Legislative Session

Relates to health care decisions for persons with developmental disabilities

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 01, 2014 referred to judiciary

S7157 - Details

See Assembly Version of this Bill:
A9549
Current Committee:
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1750-b, SCPA

S7157 - Summary

Relates to health care decisions for persons with developmental disabilities.

S7157 - Sponsor Memo

S7157 - Bill Text download pdf

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

                                  7157

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  HANNON -- 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
  making  technical  and  coordinating amendments and other improvements
  regarding health care decisions for persons with  developmental  disa-
  bilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1750-b of the surrogate's court procedure  act,  as
added  by  chapter  500 of the laws of 2002, subdivision 1 as amended by
chapter 105 of the laws of 2007, the opening paragraph,  paragraphs  (a)
and  (b)  of subdivision 1 and the opening paragraph of subdivision 4 as
amended by chapter 8 of the laws of 2010, subparagraph (i) of  paragraph
(a)  and  clause A of subparagraph (i) of paragraph (e) of subdivision 4
as amended by section 18 of part J of chapter 56 of the  laws  of  2012,
and  paragraph  (d) of subdivision 5 as added by chapter 262 of the laws
of 2008, is amended to read as follows:
S 1750-b. Health care decisions for [mentally retarded persons]  PERSONS
            WITH DEVELOPMENTAL DISABILITIES
  1.  Scope  of  authority. AS USED IN THIS SECTION, THE TERMS "DEVELOP-
MENTAL DISABILITY" AND "DEVELOPMENTALLY DISABLED" SHALL HAVE THE MEANING
SET FORTH IN SUBDIVISION  TWENTY-TWO  OF  SECTION  1.03  OF  THE  MENTAL
HYGIENE LAW. Unless specifically prohibited by the court after consider-
ation  of  the  determination,  if  any,  regarding a [mentally retarded
person's] PERSON WITH A  DEVELOPMENTAL  DISABILITY'S  capacity  to  make
health  care  decisions,  which is required by section seventeen hundred
fifty of this article, the guardian of such person appointed pursuant to
section seventeen hundred fifty of this article shall have the authority
to make any and all health care decisions, as defined by subdivision six
of section twenty-nine hundred eighty  of  the  public  health  law,  on
behalf  of  the  [mentally  retarded person] PERSON WITH A DEVELOPMENTAL
DISABILITY that such person could make if such person had capacity. Such
decisions may include decisions to withhold or withdraw  life-sustaining
treatment.  For  purposes  of  this section, "life-sustaining treatment"

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

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