N.Y. Mental Hygiene Law § 80.05: Surrogate decision-making committees and panels; organization

§ 80.05 Surrogate decision-making committees and panels; organization.

(a) Surrogate decision-making committees of at least twelve persons

shall be established by the commission in geographic areas of the state,

as may be designated by the commission. A committee designated after

April first, nineteen hundred eighty-eight shall not accept applications

for review pursuant to this article until April first, nineteen hundred

eighty-nine and within appropriations made therefor.

(b) The members shall be appointed by the commission. The commission

shall designate one member of each of the committees to serve as

chairperson, who shall serve at the pleasure of the commission. Members

appointed as of July thirty-first, nineteen hundred ninety shall serve

for terms expiring on July thirty-first, nineteen hundred ninety-one.

Upon expiration of such terms, such members may be appointed for terms

of two years commencing on August first, nineteen hundred ninety-one.

Any additional members and members appointed due to vacancies shall be

appointed for terms of two years commencing on the date of completion of

training by the commission. Members may be reappointed for additional

two year terms of office but the provisions of section five of the

public officers law shall not apply to such members. The commission may

assign a committee member to serve on an additional committee or

committees as deemed necessary or appropriate by the commission.

(c) Members of the committee and panel shall include members from each

of the following groups:

(i) physicians, nurses, psychologists, or other health care

professionals licensed by the state of New York; (ii) former patients or

parents, spouses, adult children, siblings or advocates of mentally

disabled persons; (iii) attorneys admitted to the practice of law in New

York state; and (iv) other persons with recognized expertise or

demonstrated interest in care and treatment of mentally disabled

persons.

(d) A member who has failed to attend three consecutive meetings of

the committee or panel to which the member has been appointed shall be

considered to have vacated his or her office unless the commission

determines that the absences should be excused. The members shall be

reimbursed for their actual and necessary expenses and shall be

considered public officers for the purpose of sections seventeen,

nineteen and seventy-four of the public officers law.

(e) The committees shall have available to them such staff and

assistance as may be deemed necessary by the commission. In providing

for such staff and assistance, the commission may enter into agreements

with nonprofit organizations, including but not limited to community

dispute resolution centers authorized under article twenty-one-A of the

judiciary law, and the staff of such organizations in carrying out such

functions shall be considered public officers for the purpose of

sections seventeen, nineteen and seventy-four of the public officers

law. Provided, however, the commission may not delegate pursuant to such

agreements responsibility for the appointment of members to serve on

surrogate decision-making committees, the training of any such members,

the review of declarations, maintenance of the record of the hearing and

original file, and general oversight of panel activities. Any

information, books, records, or data which are confidential as provided

for by law, received by such an organization pursuant to an agreement

with the commission, shall be kept confidential by the organization, and

any limitations on the further release thereof, imposed by law upon the

party furnishing the information, books, records or data, shall apply to

the organization.

(f) Each surrogate decision-making committee shall undertake its

responsibilities through panels composed of four of its members. The

chairman of each committee or his or her designee shall designate the

chairman of the panel who shall serve at the pleasure of the committee

chairman or his or her designee.

(g) A panel shall be convened as often as deemed necessary by the

chairman of the committee or his or her designee to assure timely review

of pending declarations; provided, however, that neither article six nor

article seven of the public officers law shall apply to the conduct of

such committee or panel. The proceedings of the panel may be conducted

with only three persons. Provided, however, if a panel chairperson

receives reasonable notice that a panel member will not be able to

attend a panel hearing, such chairperson or his or her designee shall

undertake efforts to identify another appropriate member of the

committee to serve on such panel.

(h) No member who is a provider of health services or an officer or

employee of any provider of health services to a patient whose case is

under consideration by a panel may serve with respect to such patient.