N.Y. Mental Hygiene Law § 80.01: Legislative findings and purpose

§ 80.01 Legislative findings and purpose.

The legislature hereby finds and declares that timely access to health

care for people who are mentally disabled is an important objective for

New York state; that the autonomy of persons with decision-making

capacity to make health care decisions for themselves must be respected;

and that, in cases involving persons with impaired decision-making

capacity, efforts should be made to ensure that health care decisions

are based on the best interests of the patient and reflect, to the

extent possible, the patient's own personal beliefs and values. The

legislature further finds that the exclusive utilization of judicial

authorization to obtain consent for medical care for the mentally

disabled has in some cases resulted in undue delay in the provision of

necessary care, needlessly jeopardizing the health of the mentally

disabled. The legislature further finds and declares that the public

interest will be served by the establishment of a statewide

quasi-judicial surrogate decision-making process, which would determine

patient capacity to consent to or refuse medical treatment and assess

whether the proposed treatment promotes the patient's best interests,

consistent with the patient's values and preferences. The process will

strengthen the surrogate decision-making role of parents and other

family members, while assuring that those individuals without available

family members have access to medical care.