§ 80.01 Legislative findings and purpose. The legislature hereby finds and declares that timely access to health care for people who are mentally disabled is an important objective for New York state; that the autonomy of persons with decision-making capacity to make health care decisions for themselves must be respected; and that, in cases involving […]
§ 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. […]
§ 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 […]
§ 80.07 Procedures of the committees and panels. (a) The committee shall receive declarations filed on behalf of patients, as follows: 1. A declaration may be filed by a declarant on behalf of any patient, residing within the geographic area served by the committee, who is believed to be in need of major medical treatment […]
§ 80.09 Right of appeal; temporary restraining order. The patient, declarant, a parent, spouse, adult child, conservator, legal guardian, committee of the person, or other available surrogate authorized by regulation in accordance with section 33.03 of this chapter or correspondent of the patient, the mental hygiene legal service, or the director of the patient’s residential […]
§ 80.11 Effect of determination that a person is in need of surrogate decision-making. The determination by a panel that a patient is in need of surrogate decision-making under this article shall not be construed or deemed to be a determination that such person is impaired or incompetent pursuant to article seventy-seven or seventy-eight of […]
§ 80.13 Committee reports. The chairman of each committee shall provide a quarterly report on the activities of the committee and its panels to the commission on quality of care for the mentally disabled. Such report shall provide all information in the manner and form requested by the commission.
