Authorizes certified school psychologists to participate in the certification of certain persons as intellectually disabled or developmentally disabled; makes technical corrections to language.
Summary
This bill amends provisions of the Surrogate’s Court Procedure Act governing guardianship for persons who are intellectually disabled or developmentally disabled. It expands who may participate in the required certification process by allowing a licensed physician and a certified school psychologist, in addition to the current combinations of medical professionals, to certify that a person meets the statutory criteria for guardianship-related findings. The bill also updates related language to use gender-neutral terms such as “themself” and “their,” and makes conforming technical changes throughout the affected sections.
The bill further requires that certifications include a determination of whether the person has the capacity to make health care decisions under the Public Health Law. It clarifies that a finding of health care decision-making capacity does not prevent the court from appointing a guardian for other purposes, and it preserves the authority of guardians appointed before the effective date even if their certifications did not include that determination. The measure applies to both intellectual disability and developmental disability guardianship provisions, including related references in the statute.
Impact
The bill would amend sections 1750 and 1750-a of the Surrogate’s Court Procedure Act, changing the evidentiary and certification requirements for guardianship proceedings involving intellectually disabled and developmentally disabled persons. Its practical effect is to broaden the pool of professionals who can help certify disability status by adding certified school psychologists, while also aligning statutory language with current usage and clarifying how health care decision-making capacity interacts with guardianship authority. The bill affects courts, physicians, psychologists, certified school psychologists, guardians, and individuals subject to guardianship petitions.
Sentiment
The available context suggests a technical, noncontroversial measure focused on modernizing and expanding professional participation in guardianship certifications. Because there are no recorded committee transcripts or votes provided, there is no evidence of organized opposition or debate in the supplied materials. The bill’s caption and text indicate a generally administrative and clarifying purpose rather than a substantive policy shift, which typically signals neutral or favorable reception.
Contention
No specific points of contention are documented in the provided materials. Potential areas of interest, based on the text alone, could include whether certified school psychologists should be authorized to participate in legal certification of disability, and whether expanding the class of certifying professionals could affect the rigor or consistency of guardianship determinations. The bill also touches on the balance between guardianship authority and an individual’s capacity to make health care decisions, but no stakeholder objections or competing views are included in the record supplied here.
Same As
Authorizes certified school psychologists to participate in the certification of certain persons as intellectually disabled or developmentally disabled; makes technical corrections to language.
Authorizes certified school psychologists to participate in the certification of certain persons as intellectually disabled or developmentally disabled; makes technical corrections to language.
Expands coverage for developmentally disabled persons past twenty-six years of age; prohibits insurance companies from wrongfully terminating contracts of developmentally disabled persons; requires recertification of such developmentally disabled person's condition once every five years.
Expands coverage for developmentally disabled persons past twenty-six years of age; prohibits insurance companies from wrongfully terminating contracts of developmentally disabled persons; requires recertification of such developmentally disabled person's condition once every five years.
Authorizes people who transport a severely disabled person as an eligible person to receive disabled person plates; defines who qualifies as eligible persons.
Establishes the right of non-speaking developmentally and otherwise disabled individuals to advocate for themselves in educational, medical, legal, and other decisions by using alternative forms of communication, such as spelling boards, typing-based communication, sign language, and speech-generating devices.