Section 80.11. Effect of determination that a person is in need of surrogate decision-making  


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  • The determination by a panel that a patient is in  need  of  surrogate
      decision-making  under  this article shall not be construed or deemed to
      be a determination that such person is impaired or incompetent  pursuant
      to  article seventy-seven or seventy-eight of this chapter, nor shall it
      be valid for any other purpose or any other  future  medical  treatment,
      unless  the  determination  explicitly  applies to related or continuing
      treatment necessitated  by  the  original  treatment.  Nothing  in  this
      article  shall  be  construed  to limit the availability of other lawful
      means to  obtain  substitute  consent  for  medical  treatment,  without
      utilizing  the  procedures set forth in this article. No person shall be
      deemed to have failed to exhaust administrative remedies by commencing a
      legal action to obtain consent to or refusal of medical treatment in the
      absence  of  or  prior  to  a  review  of  the  case  by   a   surrogate
      decision-making committee or panel.