NY Ment Hygiene L § 80.03 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 80 - Surrogate Decision-Making for Medical Care and Treatment 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.