Section 80.03. Definitions

When used in this article:
    (a) "Major  medical treatment" means a medical, surgical or diagnostic
  intervention or procedures where a general anesthetic is used  or  which
  involves  any  significant  risk  or  any significant invasion of bodily
  integrity  requiring  an  incision  or   producing   substantial   pain,
  discomfort,  debilitation  or having a significant recovery period. Such
  term does not include: any routine diagnosis or treatment  such  as  the
  administration    of    medications    other   than   chemotherapy   for
  non-psychiatric conditions or nutrition  or  the  extraction  of  bodily
  fluids  for  analysis;  electroconvulsive therapy; dental care performed
  with a  local  anesthetic;  any  procedures  which  are  provided  under
  emergency circumstances, pursuant to section twenty-five hundred four of
  the  public  health  law;  the  withdrawal  or discontinuance of medical
  treatment which is sustaining life functions; or  sterilization  or  the
  termination of a pregnancy.
    (b)  "A  patient in need of surrogate decision-making" means a patient
  as defined in subdivision twenty-three of section 1.03 of  this  chapter
  who  is: a resident of a mental hygiene facility including a resident of
  housing programs funded by an office of the department or whose  federal
  funding  application  was approved by an office of the department or for
  whom such  facility  maintains  legal  admission  status  therefor;  or,
  receiving  home  and  community-based  services  for persons with mental
  disabilities provided pursuant to section 1915  of  the  federal  social
  security  act;  or  receiving  individualized support services; or, case
  management or service coordination funded, approved, or provided by  the
  office  of  mental  retardation and developmental disabilities; and, for
  whom major medical treatment is proposed, and who is determined  by  the
  surrogate decision-making committee to lack the ability to consent to or
  refuse  such  treatment,  but  shall  not include minors with parents or
  persons with legal guardians, committees or conservators who are legally
  authorized, available and willing to make such  health  care  decisions.
  Once a person is eligible for surrogate decision-making, such person may
  continue  to  receive  surrogate  decision-making  as authorized by this
  section regardless of a change in residential status.
    (c) "Lack of ability to consent to or refuse major medical  treatment"
  means the patient cannot adequately understand and appreciate the nature
  and  consequences  of  a proposed major medical treatment, including the
  benefits and risks of and alternatives to  such  treatment,  and  cannot
  thereby  reach  an  informed  decision  to  consent to or to refuse such
  treatment in a knowing and voluntary manner that promotes the  patient's
  well-being.
    (d) "Best  interests"  means  promoting  personal  well-being  by  the
  assessment of the risks, benefits and alternatives to the patient  of  a
  proposed  major medical treatment, taking into account factors including
  the relief of suffering, the preservation or restoration of functioning,
  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.
    (e) "Surrogate decision-making committee"  means  a  committee  of  at
  least  twelve  persons  established  pursuant  to  section 80.05 of this
  article.
    (f) "Panel" means a subcommittee of  four  members  of  the  surrogate
  decision-making committee.
    (g)  "Commission" means the commission on quality of care and advocacy
  for persons with disabilities.
    (h) "Providers of health services" means, for  the  purposes  of  this
  article,  those  defined in subdivisions five and six of section 1.03 of

  this chapter; hospitals, as defined pursuant to article twenty-eight  of
  the public health law; physicians and dentists.
    (i) "Declarant"  means  a person who submits a declaration pursuant to
  the provisions of this article and may include any  provider  of  health
  services,  the  director  of  the  patient's  residential  facility or a
  relative or correspondent of the patient.
    (j) "Declaration" means a written statement  submitted  in  accordance
  with section 80.07 of this article.
    (k) "Correspondent"  means  a  person  who  has demonstrated a genuine
  interest in promoting the best interests of  the  patient  by  having  a
  personal   relationship  with  the  patient,  by  participating  in  the
  patient's care and treatment, by regularly visiting the patient,  or  by
  regularly communicating with the patient.