N.Y. Mental Hygiene Law Section 80.03

When used in this article:


“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 Public Health Law § 2504 (Enabling certain persons to consent for certain medical, dental, health and hospital services)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.


“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.


“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.


“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.


“Surrogate decision-making committee” means a committee of at least twelve persons established pursuant to section 80.05 of this article.


“Panel” means a subcommittee of four members of the surrogate decision-making committee.


“Commission” means the commission on quality of care and advocacy for persons with disabilities.


“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.


“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.


“Declaration” means a written statement submitted in accordance with section 80.07 of this article.


“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.

Source: Section 80.03 — Definitions, https://www.­nysenate.­gov/legislation/laws/MHY/80.­03 (updated Apr. 20, 2018; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Apr. 20, 2018

§ 80.03’s source at nysenate​.gov

Link Style