Loading chat...

NY S07132

Bill

Status

Passed

7/21/2016

Primary Sponsor

Robert Ortt

Click for details

Origin

Senate

2015-2016 General Assembly

AI Summary

  • Replaces outdated terminology "mentally retarded" with "intellectually disabled" throughout the Surrogate's Court Procedure Act Article 17-A governing guardianship proceedings.

  • Requires certifying physicians and psychologists to make specific determinations regarding whether individuals with intellectual disabilities have capacity to make health care decisions, though such capacity does not preclude guardianship appointment for other matters.

  • Establishes procedures for guardians to make health care decisions including withholding or withdrawing life-sustaining treatment, with requirements for medical confirmation, consultation, and notice to relevant parties and oversight agencies.

  • Creates dispute resolution and judicial review processes when objections are raised to health care decisions, including mandatory mediation within 72 hours before proceeding to court review.

  • Provides liability protections for health care providers and guardians acting reasonably and in good faith in carrying out health care decisions under the article.

Legislative Description

Relates to guardianship of people who are intellectually disabled and people who are developmentally disabled.

Last Action

SIGNED CHAP.198

7/21/2016

Committee Referrals

Judiciary6/9/2016
Judiciary3/30/2016

Full Bill Text

No bill text available