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 710.3 - Definitions

Universal Citation: 14 NY Comp Codes Rules and Regs § 710.3

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Attending physician means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. Where more than one physician shares such responsibility, or where a physician is acting on the attending physician's behalf, any such physician may act as the attending physician.

(b) Best interest means promoting the patient's well-being by considering the risks, benefits and alternatives to the patient of a proposed medical decision.

(1) For the purposes of making a major medical treatment decision pursuant to article 80 of the MHL, such a determination takes into account the following: the relief of suffering; the preservation or restoration of functioning; the 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.

(2) For the purposes of making a decision to withhold or withdraw life-sustaining treatment pursuant to article 17-A of the SCPA, such a determination takes into account the following: the dignity and uniqueness of every person; relief of suffering by means of palliative care and management; the unique nature of artificially provided nutrition or hydration, and the effect it may have on the patient; and the entire medical condition of the patient.

(c) Conflict of interest means an association, including a financial or personal association, which precludes the participation of a panel member in the proceedings with regard to a patient. In general, any member who has any interest, financial or otherwise, direct or indirect, or engages in any business or transaction or professional activity or incurs any obligation or receives any benefit of any nature which is in conflict with the impartial discharge of his or her duties as a panel member shall neither be assigned to the panel considering the case nor vote upon its disposition. A panel member will be precluded whenever the panel member:

(1) is a relative of the patient;

(2) has served as a board member, officer, employee, or otherwise has been affiliated with the facility where the patient resides or receives services; provided, however, that a member of a board of visitors may serve on a panel for a patient served by the psychiatric center or developmental disabilities services office to which the board of visitors member is assigned, absent any close affiliation or affinity;

(3) has provided health services or has been an officer, board member or employee of any provider of health services to the patient; provided, however, that health care professionals are not precluded from serving on a panel wherein the patient is known to be served by another provider within the same health care network or parent corporation or entity, absent any close affiliation or affinity;

(4) has engaged in any business or has been an officer, board member or employee of any corporation, association, partnership or joint venture which has transacted business with the facility where the patient resides; or has recently received a gift of significant value from the facility where the patient resides; or

(5) is a relative of another panel member.

In general, any member who has any interest, financial or otherwise, direct or indirect, or engages in any business or transaction or professional activity or incurs any obligation or receives any benefit of any nature which is in conflict with the impartial discharge of his or her duties as a panel member shall neither be assigned to the panel considering the case nor vote upon its disposition.

(d) Correspondent means a person who has demonstrated a genuine interest in promoting the well-being of a patient by having a personal relationship with the patient, by participating in the planning of a patient's services, by regularly visiting the patient, or by regularly communicating with the patient. Regular communication includes communication more than once a year on the topic of the patient's well-being or planning of the patient's services, and does not include communication such as holiday or birthday greetings.

(e) Declarant means a person who submits a declaration seeking a major medical treatment decision on behalf of a patient, or seeking a decision to withhold or withdraw life-sustaining treatment on behalf of a patient. Such persons may include the director of the patient's residential facility or his or her designee or staff member, the patient's service coordinator, physicians, dentists, staff of hospitals as defined in article 28 of the Public Health Law (PHL), or a relative or correspondent of the patient.

(f) Developmental disability means a disability, as defined in section 1.03 of the MHL.

(g) Justice Center means the New York State Justice Center for the Protection of People with Special Needs (Justice Center), a State agency created by article 20 of the Executive Law.

(h) Legal guardian means an individual or agency appointed by the court to serve as a guardian of the person of an infant pursuant to article 17 of the SCPA, or a guardian of the person of an individual with a developmental disability pursuant to article 17-A of the SCPA, or a guardian authorized to make health care decisions for a person pursuant to article 81 of the MHL. For the purposes of this Part, legal guardian also includes a committee of the person appointed by the courts pursuant to article 78 of the MHL, now repealed, and a conservator appointed by the courts pursuant to article 77 of the MHL, now repealed.

(i) Life-sustaining treatment means medical treatment, including cardiopulmonary resuscitation and nutrition and hydration provided by means of medical treatment, which is sustaining life functions and without which, according to reasonable medical judgment, the patient will die within a relatively short period of time. Cardiopulmonary resuscitation is presumed to be life-sustaining treatment without the necessity of a medical judgment by an attending physician.

(j) Major medical treatment means a medical, surgical, or diagnostic intervention or procedure as defined in section 80.03(a) of the MHL, including any such intervention or procedure that involves hospice admission pursuant to article 40 of the PHL. Major medical treatment includes any professional diagnosis or treatment in which informed consent is required by law.

(k) Mental Hygiene Legal Services (MHLS) means a program under the jurisdiction of the judicial branch of government and which provides legal assistance to patients pursuant to article 47 of the MHL.

(l) Minor means a person who has not attained the age of 18 years, unless each of the minor's parents satisfy one of the following conditions: the parent's parental rights have been legally terminated; the parent is deceased; the parent has indicated his or her willingness to allow the panel to proceed.

(m) Panel means a group of four members; however, nothing in this Part shall preclude the panel from operating with less than four members in accordance with section 80.05(g) of the MHL and section 710.5(a)(6) of this Part. A panel shall include members from each of the following groups:

(1) physicians, nurses, psychologists, or other health care professionals licensed by New York State;

(2) former patients as defined in section 80.03(b) of the MHL, parents, spouses, adult children, siblings or advocates of persons with developmental disabilities;

(3) attorneys admitted to the practice of law in New York State; and

(4) other persons with recognized expertise or demonstrated interest in the care and treatment of persons with developmental disabilities.

(n) Panel chairperson means the person designated by the surrogate decision-making committee program or its designee. The panel chairperson serves at the pleasure of the surrogate decision-making committee program.

(o) Patient means a patient in need of surrogate decision-making as that term is defined in section 80.03(b) of the MHL.

(p) Providers of health services means: individuals, associations, corporations, or public or private agencies other than State agencies, providing services to persons with developmental disabilities; facilities operated by OASAS, OMH, or OPWDD, except in family care homes; hospitals as defined in article 28 of the PHL; and dentists and physicians.

(q) Program staff means employees of the Justice Center who administer the surrogate decision-making committee, or a designee.

(r) Service coordination provider means an employee of any agency, or an independent contractor or other party so designated, who provides active assistance to patients as they access and negotiate the various service systems in pursuit of the necessary and desired services and supports to achieve and maintain their personal goals.

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