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  of  the  federal  social  security  act;  or  receiving  individualized support services; or, case  management or service coordination funded, approved, or provided by  the  office  of  mental  retardation and 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 ofthis 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.