N.Y. MHY Law § 80.03 — New York Code / Act MHY / Title E / Article 80 / Section 80.03
Definitions
Status: in_force

§ 80.03 Definitions.\n  When used in this article:\n  (a) "Major medical treatment" means a medical, surgical or diagnostic\nintervention or procedures where a general anesthetic is used or which\ninvolves any significant risk or any significant invasion of bodily\nintegrity requiring an incision or producing substantial pain,\ndiscomfort, debilitation or having a significant recovery period. Such\nterm does not include: any routine diagnosis or treatment such as the\nadministration of medications other than chemotherapy for\nnon-psychiatric conditions or nutrition or the extraction of bodily\nfluids for analysis; electroconvulsive therapy; dental care performed\nwith a local anesthetic; any procedures which are provided under\nemergency circumstances, pursuant to section twenty-five hundred four of\nthe public health law; the withdrawal or discontinuance of medical\ntreatment which is sustaining life functions; or sterilization or the\ntermination of a pregnancy.\n  (b) "A patient in need of surrogate decision-making" means a patient\nas defined in subdivision twenty-three of section 1.03 of this chapter\nwho is: a resident of a mental hygiene facility including a resident of\nhousing programs funded by an office of the department or whose federal\nfunding application was approved by an office of the department or for\nwhom such facility maintains legal admission status therefor; or,\nreceiving home and community-based services for persons with mental\ndisabilities provided pursuant to section 1915 or 1115 of the federal\nsocial security act; or receiving individualized support services; or,\ncase management or service coordination funded, approved, or provided by\nthe office for people with developmental disabilities; and, for whom\nmajor medical treatment is proposed, and who is determined by the\nsurrogate decision-making committee to lack the ability to consent to or\nrefuse such treatment, but shall not include minors with parents or\npersons with legal guardians, committees or conservators who are legally\nauthorized, available and willing to make such health care decisions.\nOnce a person is eligible for surrogate decision-making, such person may\ncontinue to receive surrogate decision-making as authorized by this\nsection regardless of a change in residential status.\n  (c) "Lack of ability to consent to or refuse major medical treatment"\nmeans the patient cannot adequately understand and appreciate the nature\nand consequences of a proposed major medical treatment, including the\nbenefits and risks of and alternatives to such treatment, and cannot\nthereby reach an informed decision to consent to or to refuse such\ntreatment in a knowing and voluntary manner that promotes the patient's\nwell-being.\n  (d) "Best interests" means promoting personal well-being by the\nassessment of the risks, benefits and alternatives to the patient of a\nproposed major medical treatment, taking into account factors including\nthe relief of suffering, the preservation or restoration of functioning,\nimprovement in the quality of the patient's life with and without the\nproposed major medical treatment and consistency with the personal\nbeliefs and values known to be held by the patient.\n  (e) "Surrogate decision-making committee" means a committee of at\nleast twelve persons established pursuant to section 80.05 of this\narticle.\n  (f) "Panel" means a subcommittee of four members of the surrogate\ndecision-making committee.\n  (g) "Commission" means the commission on quality of care and advocacy\nfor persons with disabilities.\n  (h) "Providers of health services" means, for the purposes of this\narticle, those defined in subdivisions five and six of section 1.03 of\nthis chapter; hospitals, as defined pursuant to article twenty-eight of\nthe public health law; physicians and dentists.\n  (i) "Declarant" means a person who submits a declaration pursuant to\nthe provisions of this article and may include any provider of health\nservices, the director of the patient's residential facility or a\nrelative or correspondent of the patient.\n  (j) "Declaration" means a written statement submitted in accordance\nwith section 80.07 of this article.\n  (k) "Correspondent" means a person who has demonstrated a genuine\ninterest in promoting the best interests of the patient by having a\npersonal relationship with the patient, by participating in the\npatient's care and treatment, by regularly visiting the patient, or by\nregularly communicating with the patient.\n