Section 80.01. Legislative findings and purpose  


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  • The legislature hereby finds and declares that timely access to health
      care  for people who are mentally disabled is an important objective for
      New York state;  that  the  autonomy  of  persons  with  decision-making
      capacity to make health care decisions for themselves must be respected;
      and  that,  in  cases  involving  persons  with impaired decision-making
      capacity, efforts should be made to ensure that  health  care  decisions
      are  based  on  the  best  interests  of the patient and reflect, to the
      extent possible, the patient's own  personal  beliefs  and  values.  The
      legislature  further  finds  that  the exclusive utilization of judicial
      authorization to obtain  consent  for  medical  care  for  the  mentally
      disabled  has  in some cases resulted in undue delay in the provision of
      necessary care, needlessly  jeopardizing  the  health  of  the  mentally
      disabled.  The  legislature  further  finds and declares that the public
      interest  will  be  served  by  the   establishment   of   a   statewide
      quasi-judicial  surrogate decision-making process, which would determine
      patient capacity to consent to or refuse medical  treatment  and  assess
      whether  the  proposed  treatment promotes the patient's best interests,
      consistent with the patient's values and preferences. The  process  will
      strengthen  the  surrogate  decision-making  role  of  parents and other
      family members, while assuring that those individuals without  available
      family members have access to medical care.