N.Y. Comp. Codes R. & Regs. tit. 14 § 710.1

Current through Register Vol. 46, No. 38, September 18, 2024

Section 710.1 - Background and intent

(a) The purpose of this Part is to set forth uniform procedures for the surrogate decision-making committee established by article 80 of the Mental Hygiene Law (MHL).

(b) Article 80 of the MHL requires the Justice Center to administer a statewide quasi-judicial process for patients in need of surrogate decision-making as defined in section 80.03(b) of the MHL to assess:

(1) a patient's capacity to consent to or refuse major medical treatment, and

(2) whether there is an available and willing surrogate to make the decisions, and

(3) whether the proposed treatment promotes the patient's best interests.

Article 80 of the MHL authorizes panels organized by the surrogate decision-making committee to consider proposed major medical treatments on behalf of qualifying patients.

(c) Article 17-A of the SCPA authorizes panels organized by the surrogate decision-making committee to consider proposed end-of-life decisions on behalf of qualifying patients . Section 1750-b of the SCPA requires the Justice Center to establish procedures to assess:

(1) a patient's capacity to consent to or refuse the withholding or withdrawing of life-sustaining treatment, and

(2) whether the proposed decision promotes the patient's best interests.

(d) The surrogate decision-making committee provides another means to obtain informed consent when a qualifying patient lacks decision-making capacity and has no surrogate decision maker willing or able to make the decision. This program is intended to serve as an alternative means to the court system for obtaining medical consent and will not prevent applications to a court to obtain consent in the absence of, or prior to a review of the case, by a surrogate decision-making committee or panel. The program is available in all sixty-two counties of New York State.

(e) The surrogate decision-making committee organizes volunteer panels to make determinations regarding proposed major medical treatments for qualifying patients, including the capacity of the qualifying patient to make such a decision, the availability and willingness of an alternative surrogate decision maker, and the best interests of the qualifying patient. The Justice Center determines the staff and assistance available to the SDMC program. In providing such staff and assistance, the Justice Center may enter into agreements with not-for-profit organizations including but not limited to community dispute resolution centers, as defined by article 21-A of the Judiciary Law. Staff of such organizations shall be considered public officers for the purposes of sections 17, 19 and 74 of the Public Officers Law (POL).

N.Y. Comp. Codes R. & Regs. Tit. 14 § 710.1

Adopted New York State Register November 28, 2018/Volume XL, Issue 48, eff. 11/28/2018