NY State Senate Bill 2015-S1401

Senate Bill S1401

2015-2016 Legislative Session

Directs the mental hygiene legal service and commissioner of developmental disabilities to maintain adequate staffing for review orders to provide or deny life-sustaining treatment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Jan 12, 2015	referred to judiciary

2015-S1401 (ACTIVE) - Details

See Assembly Version of this Bill:: A3593
Current Committee:: Senate Judiciary
Law Section:: Surrogate's Court Procedure Act
Laws Affected:: Amd §1750-b, SCPA
Versions Introduced in 2017-2018 Legislative Session:: A648

2015-S1401 (ACTIVE) - Summary

Directs the mental hygiene legal service and commissioner of developmental disabilities to maintain adequate 24 hour a day staffing for review orders to provide or deny life-sustaining treatment to persons with developmental disabilities.

2015-S1401 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1401

TITLE OF BILL:

An act to amend the surrogate's court procedure act, in relation to
requiring certain agencies with authority to object to the
implementation of medical orders for life-sustaining treatment to
developmentally disabled persons to be on-call

PURPOSE:

To ensure that individuals with developmental disabilities who are in
need of time-sensitive decision-making from agencies with the
authority to object to the implementation of medical orders relative
to life-sustaining treatment are not denied appropriate care because
of unnecessary delays.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new subdivision 4 (f) to the Surrogate's
Court Procedure Act § 17.50b. Under this new subdivision, the mental
hygiene legal service as well as the commissioner of the office for
people with developmental disabilities, which have the authority to
object to the implementation of orders for the withdrawal or
withholding of life-sustaining treatment for individuals with
developmental disabilities, are required to assure that appropriate

staff are on-call on a 24/7 basis for receiving and acting on notices
to implement life-sustaining medical treatment.

Section 2 of the bill provides for an effective date.

JUSTIFICATION:

Prompted by concerns that individuals with developmental disabilities
were subject to inhumane delay in decision-making about end-of-life
decisions, this legislation would require MHLS and OPWDD to be
available in the event that a decision regarding the withdrawal or
withholding of life-sustaining treatment is necessary.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S1401 (ACTIVE) - Bill Text download pdf

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

                                  1401

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

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
  requiring certain agencies with authority to object to the implementa-
  tion  of  medical  orders  for  life-sustaining  treatment to develop-
  mentally disabled persons to be on-call

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

  Section  1.  Subdivision  4 of section 1750-b of the surrogate's court
procedure act is amended by adding  a  new  paragraph  (f)  to  read  as
follows:
  (F)  THE MENTAL HYGIENE LEGAL SERVICE AND THE COMMISSIONER OF DEVELOP-
MENTAL DISABILITIES SHALL ASSURE THAT APPROPRIATE STAFF IS  ON-CALL  AND
AVAILABLE  ON  A  TWENTY-FOUR HOUR A DAY BASIS EVERY DAY OF THE YEAR FOR
THE PURPOSE OF RECEIVING AND ACTING ON NOTICES GIVEN PURSUANT  TO  PARA-
GRAPH (E) OF THIS SUBDIVISION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07200-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.