Assembly Bill A4109B

Signed By Governor
2019-2020 Legislative Session

Relates to the community guardianship program

download bill text pdf

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Archive: Last Bill Status - Signed by Governor

  • 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

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Bill Amendments

2019-A4109 - Details

See Senate Version of this Bill:
S4285
Law Section:
Social Services Law
Laws Affected:
Amd §473-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8308
2013-2014: A5187
2015-2016: A2986
2017-2018: A6614

2019-A4109 - Summary

Provides the community guardian program shall obtain annually a statement prepared by a physician, psychologist, nurse clinician, social worker, or other person, evaluating the condition and current functional level of the person for whom the community guardian program serves as guardian; the appointing court should be informed of the results of the evaluation.

2019-A4109 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4109
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the social services law, in relation  to  the  community
   guardianship program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (g) of subdivision 3  of  section  473-d  of  the
 social  services  law,  as  added by chapter 846 of the laws of 1986 and
 such section as renumbered by chapter  395  of  the  laws  of  1995,  is
 amended to read as follows:
   (g)  the  community  guardian program shall obtain [annual assessments
 from two qualified psychiatrists or one qualified psychiatrist  and  one
 qualified  psychologist  who  are  independent of the community guardian
 program of persons for whom it serves as  committee  or  conservator  to
 determine whether continuation of the guardianship is necessary, and the
 appointing  court  shall  be informed of the results of such assessments
 and may discharge the  community  guardian  program  as  conservator  or
 committee  pursuant  to  sections  77.35 and 78.27 of the mental hygiene
 law] ANNUALLY A STATEMENT PREPARED BY A PHYSICIAN,  PSYCHOLOGIST,  NURSE
 CLINICIAN,  OR  SOCIAL  WORKER, OR OTHER PERSON EVALUATING THE CONDITION
 AND FUNCTIONAL LEVEL OF A PERSON FOR WHOM THE COMMUNITY GUARDIAN PROGRAM
 SERVES AS GUARDIAN PURSUANT TO PARAGRAPH  FIVE  OF  SUBDIVISION  (B)  OF
 SECTION 81.31 OF THE MENTAL HYGIENE LAW;
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05899-01-9

2019-A4109A - Details

See Senate Version of this Bill:
S4285
Law Section:
Social Services Law
Laws Affected:
Amd §473-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8308
2013-2014: A5187
2015-2016: A2986
2017-2018: A6614

2019-A4109A - Summary

Provides the community guardian program shall obtain annually a statement prepared by a physician, psychologist, nurse clinician, social worker, or other person, evaluating the condition and current functional level of the person for whom the community guardian program serves as guardian; the appointing court should be informed of the results of the evaluation.

2019-A4109A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4109--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the social services law, in relation to the community
   guardianship program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (g)  of  subdivision 3 of section 473-d of the
 social services law, as added by chapter 846 of the  laws  of  1986  and
 such  section  as  renumbered  by  chapter  395  of the laws of 1995, is
 amended to read as follows:
   (g) the community guardian program shall  obtain  [annual  assessments
 from  two  qualified psychiatrists or one qualified psychiatrist and one
 qualified psychologist who are independent  of  the  community  guardian
 program  of  persons  for  whom it serves as committee or conservator to
 determine whether continuation of the guardianship is necessary, and the
 appointing court shall be informed of the results  of  such  assessments
 and  may  discharge  the  community  guardian  program as conservator or
 committee pursuant to sections 77.35 and 78.27  of  the  mental  hygiene
 law]  ANNUALLY  A STATEMENT PREPARED BY A PHYSICIAN, PSYCHOLOGIST, NURSE
 CLINICIAN, OR SOCIAL WORKER, OR OTHER PERSON  EVALUATING  THE  CONDITION
 AND FUNCTIONAL LEVEL OF A PERSON FOR WHOM THE COMMUNITY GUARDIAN PROGRAM
 SERVES  AS  GUARDIAN  PURSUANT  TO  PARAGRAPH FIVE OF SUBDIVISION (B) OF
 SECTION 81.31 OF THE MENTAL HYGIENE LAW AND THE APPOINTING  COURT  SHALL
 BE  INFORMED  OF  THE  RESULTS OF SUCH EVALUATION OR EXAMINATION AND MAY
 DISCHARGE OR MODIFY THE POWERS OF THE GUARDIAN PURSUANT TO SECTION 81.36
 OF THE MENTAL HYGIENE LAW;
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05899-02-9

2019-A4109B (ACTIVE) - Details

See Senate Version of this Bill:
S4285
Law Section:
Social Services Law
Laws Affected:
Amd §473-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8308
2013-2014: A5187
2015-2016: A2986
2017-2018: A6614

2019-A4109B (ACTIVE) - Summary

Provides the community guardian program shall obtain annually a statement prepared by a physician, psychologist, nurse clinician, social worker, or other person, evaluating the condition and current functional level of the person for whom the community guardian program serves as guardian; the appointing court should be informed of the results of the evaluation.

2019-A4109B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4109--B
                                                         Cal. No. 114
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health -- committee discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- advanced to
   a third reading, passed by  Assembly  and  delivered  to  the  Senate,
   recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the social services law, in relation  to  the  community
   guardianship program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (g) of subdivision 3  of  section  473-d  of  the
 social  services  law,  as  added by chapter 846 of the laws of 1986 and
 such section as renumbered by chapter  395  of  the  laws  of  1995,  is
 amended to read as follows:
   (g)  the  community  guardian program shall obtain [annual assessments
 from two qualified psychiatrists or one qualified psychiatrist  and  one
 qualified  psychologist  who  are  independent of the community guardian
 program of persons for whom it serves as  committee  or  conservator  to
 determine whether continuation of the guardianship is necessary, and the
 appointing  court  shall  be informed of the results of such assessments
 and may discharge the  community  guardian  program  as  conservator  or
 committee  pursuant  to  sections  77.35 and 78.27 of the mental hygiene
 law] ANNUALLY A STATEMENT PREPARED BY A PHYSICIAN,  PSYCHOLOGIST,  NURSE
 CLINICIAN,  OR  SOCIAL  WORKER, OR OTHER PERSON EVALUATING THE CONDITION
 AND FUNCTIONAL LEVEL OF A PERSON FOR WHOM THE COMMUNITY GUARDIAN PROGRAM
 SERVES AS GUARDIAN PURSUANT TO PARAGRAPH  FIVE  OF  SUBDIVISION  (B)  OF
 SECTION  81.31  OF THE MENTAL HYGIENE LAW AND THE APPOINTING COURT SHALL
 BE INFORMED OF THE RESULTS OF SUCH EVALUATION  OR  EXAMINATION  AND  MAY
 DISCHARGE OR MODIFY THE POWERS OF THE GUARDIAN PURSUANT TO SECTION 81.36
 OF THE MENTAL HYGIENE LAW. THE PERSON CONDUCTING THE EVALUATION PURSUANT
 TO  THIS  PARAGRAPH  SHALL  NOT  BE AFFILIATED WITH A COMMUNITY GUARDIAN
 PROGRAM AND SHALL BE ACTING WITHIN THEIR LAWFUL  SCOPE  OF  PRACTICE  AS
 ESTABLISHED UNDER THE EDUCATION LAW;

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