New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
Part 710 - Procedures Of The Surrogate Decision-making Committee Of The New York State Justice Center For The Protection Of People With Special Needs
Section 710.2 - Legal Authority
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Article 80 of the MHL requires the Justice Center to administer a statewide quasi-judicial process with panels organized by the surrogate decision-making committee to consider proposed major medical treatments on behalf of qualifying patients.
(b) Article 17-A of the Surrogate's Court Procedures Act (SCPA) authorizes panels organized by the surrogate decision-making committee to consider proposed end-of-life decisions on behalf of qualifying patients as defined in article 17-A of the SCPA.
(c) Section 1750-b of the SCPA requires the Justice Center to establish committee procedures to assess a patient's capacity to consent to or refuse the withholding or withdrawing of life-sustaining treatment, and to assess whether the proposed decision promotes the patient's best interests.
(d) Subdivision (15) of section 553 of the Executive Law authorizes the Justice Center to administer the surrogate decision-making committee program, as authorized pursuant to article 80 of the MHL.
