Bill Text: NY A04109 | 2019-2020 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-12-06 - signed chap.579 [A04109 Detail]

Download: New_York-2019-A04109-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4109--B
                                                                Cal. No. 114

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Paragraph (g) of subdivision 3  of  section  473-d  of  the
     2  social  services  law,  as  added by chapter 846 of the laws of 1986 and
     3  such section as renumbered by chapter  395  of  the  laws  of  1995,  is
     4  amended to read as follows:
     5    (g)  the  community  guardian program shall obtain [annual assessments
     6  from two qualified psychiatrists or one qualified psychiatrist  and  one
     7  qualified  psychologist  who  are  independent of the community guardian
     8  program of persons for whom it serves as  committee  or  conservator  to
     9  determine whether continuation of the guardianship is necessary, and the
    10  appointing  court  shall  be informed of the results of such assessments
    11  and may discharge the  community  guardian  program  as  conservator  or
    12  committee  pursuant  to  sections  77.35 and 78.27 of the mental hygiene
    13  law] annually a statement prepared by a physician,  psychologist,  nurse
    14  clinician,  or  social  worker, or other person evaluating the condition
    15  and functional level of a person for whom the community guardian program
    16  serves as guardian pursuant to paragraph  five  of  subdivision  (b)  of
    17  section  81.31  of the mental hygiene law and the appointing court shall
    18  be informed of the results of such evaluation  or  examination  and  may
    19  discharge or modify the powers of the guardian pursuant to section 81.36
    20  of the mental hygiene law. The person conducting the evaluation pursuant
    21  to  this  paragraph  shall  not  be affiliated with a community guardian
    22  program and shall be acting within their lawful  scope  of  practice  as
    23  established under the education law;
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05899-04-9