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This entry was published on 2014-09-22
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Effect of determination that a person is in need of surrogate decision-making
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 80
§ 80.11 Effect of determination that a person is in need of surrogate


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.