2023 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.