2023 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.