N.Y. Mental Hygiene Law § 80.03: Definitions

§ 80.03 Definitions.

When used in this article:

(a) "Major medical treatment" means a medical, surgical or diagnostic

intervention or procedures where a general anesthetic is used or which

involves any significant risk or any significant invasion of bodily

integrity requiring an incision or producing substantial pain,

discomfort, debilitation or having a significant recovery period. Such

term does not include: any routine diagnosis or treatment such as the

administration of medications other than chemotherapy for

non-psychiatric conditions or nutrition or the extraction of bodily

fluids for analysis; electroconvulsive therapy; dental care performed

with a local anesthetic; any procedures which are provided under

emergency circumstances, pursuant to section twenty-five hundred four of

the public health law; the withdrawal or discontinuance of medical

treatment which is sustaining life functions; or sterilization or the

termination of a pregnancy.

(b) "A patient in need of surrogate decision-making" means a patient

as defined in subdivision twenty-three of section 1.03 of this chapter

who is: a resident of a mental hygiene facility including a resident of

housing programs funded by an office of the department or whose federal

funding application was approved by an office of the department or for

whom such facility maintains legal admission status therefor; or,

receiving home and community-based services for persons with mental

disabilities provided pursuant to section 1915 or 1115 of the federal

social security act; or receiving individualized support services; or,

case management or service coordination funded, approved, or provided by

the office for people with developmental disabilities; and, for whom

major medical treatment is proposed, and who is determined by the

surrogate decision-making committee to lack the ability to consent to or

refuse such treatment, but shall not include minors with parents or

persons with legal guardians, committees or conservators who are legally

authorized, available and willing to make such health care decisions.

Once a person is eligible for surrogate decision-making, such person may

continue to receive surrogate decision-making as authorized by this

section regardless of a change in residential status.

(c) "Lack of ability to consent to or refuse major medical treatment"

means the patient cannot adequately understand and appreciate the nature

and consequences of a proposed major medical treatment, including the

benefits and risks of and alternatives to such treatment, and cannot

thereby reach an informed decision to consent to or to refuse such

treatment in a knowing and voluntary manner that promotes the patient's

well-being.

(d) "Best interests" means promoting personal well-being by the

assessment of the risks, benefits and alternatives to the patient of a

proposed major medical treatment, taking into account factors including

the relief of suffering, the preservation or restoration of functioning,

improvement in the quality of the patient's life with and without the

proposed major medical treatment and consistency with the personal

beliefs and values known to be held by the patient.

(e) "Surrogate decision-making committee" means a committee of at

least twelve persons established pursuant to section 80.05 of this

article.

(f) "Panel" means a subcommittee of four members of the surrogate

decision-making committee.

(g) "Commission" means the commission on quality of care and advocacy

for persons with disabilities.

(h) "Providers of health services" means, for the purposes of this

article, those defined in subdivisions five and six of section 1.03 of

this chapter; hospitals, as defined pursuant to article twenty-eight of

the public health law; physicians and dentists.

(i) "Declarant" means a person who submits a declaration pursuant to

the provisions of this article and may include any provider of health

services, the director of the patient's residential facility or a

relative or correspondent of the patient.

(j) "Declaration" means a written statement submitted in accordance

with section 80.07 of this article.

(k) "Correspondent" means a person who has demonstrated a genuine

interest in promoting the best interests of the patient by having a

personal relationship with the patient, by participating in the

patient's care and treatment, by regularly visiting the patient, or by

regularly communicating with the patient.