Bill Text: NY S04285 | 2019-2020 | General Assembly | Amended


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 [S04285 Detail]

Download: New_York-2019-S04285-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4285--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 6, 2019
                                       ___________

        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Aging  --  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:

     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.
                                                                   LBD05899-05-9
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