80.11 - Effect of determination that a person is in need of surrogate decision-making.

§ 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 this chapter, nor shall it  be valid for any other purpose or any other  future  medical  treatment,  unless  the  determination  explicitly  applies to related or continuing  treatment necessitated  by  the  original  treatment.  Nothing  in  this  article  shall  be  construed  to limit the availability of other lawful  means to  obtain  substitute  consent  for  medical  treatment,  without  utilizing  the  procedures set forth in this article. No person shall be  deemed to have failed to exhaust administrative remedies by commencing a  legal action to obtain consent to or refusal of medical treatment in the  absence  of  or  prior  to  a  review  of  the  case  by   a   surrogate  decision-making committee or panel.