NY Ment Hygiene L § 80.05 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 80 - Surrogate Decision-Making for Medical Care and Treatment 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.