(a) Attending physician means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. Where more than one physician shares such responsibility, or where a physician is acting on the attending physician's behalf, any such physician may act as the attending physician.

(b) Best interest means promoting the patient’s well-being by considering the risks, benefits and alternatives to the patient of a proposed medical decision.

(c) Conflict of interest means an association, including a financial or personal association, which precludes the participation of a panel member in the proceedings with regard to a patient. In general, any member who has any interest, financial or otherwise, direct or indirect, or engages in any business or transaction or professional activity or incurs any obligation or receives any benefit of any nature which is in conflict with the impartial discharge of his or her duties as a panel member shall neither be assigned to the panel considering the case nor vote upon its disposition. A panel member will be precluded whenever the panel member:

In general, any member who has any interest, financial or otherwise, direct or indirect, or engages in any business or transaction or professional activity or incurs any obligation or receives any benefit of any nature which is in conflict with the impartial discharge of his or her duties as a panel member shall neither be assigned to the panel considering the case nor vote upon its disposition.

(d) Correspondent means a person who has demonstrated a genuine interest in promoting the well-being of a patient by having a personal relationship with the patient, by participating in the planning of a patient's services, by regularly visiting the patient, or by regularly communicating with the patient. Regular communication includes communication more than once a year on the topic of the patient’s well-being or planning of the patient’s services, and does not include communication such as holiday or birthday greetings.

(e) Declarant means a person who submits a declaration seeking a major medical treatment decision on behalf of a patient, or seeking a decision to withhold or withdraw life-sustaining treatment on behalf of a patient. Such persons may include the director of the patient’s residential facility or his or her designee or staff member, the patient’s service coordinator, physicians, dentists, staff of hospitals as defined in article 28 of the Public Health Law (PHL), or a relative or correspondent of the patient.

(f) Developmental disability means a disability, as defined in section 1.03 of the MHL.

(g) Justice Center means the New York State Justice Center for the Protection of People with Special Needs (Justice Center), a State agency created by article 20 of the Executive Law.

(h) Legal guardian means an individual or agency appointed by the court to serve as a guardian of the person of an infant pursuant to article 17 of the SCPA, or a guardian of the person of an individual with a developmental disability pursuant to article 17-A of the SCPA, or a guardian authorized to make health care decisions for a person pursuant to article 81 of the MHL. For the purposes of this Part, legal guardian also includes a committee of the person appointed by the courts pursuant to article 78 of the MHL, now repealed, and a conservator appointed by the courts pursuant to article 77 of the MHL, now repealed.

(i) Life-sustaining treatment means medical treatment, including cardiopulmonary resuscitation and nutrition and hydration provided by means of medical treatment, which is sustaining life functions and without which, according to reasonable medical judgment, the patient will die within a relatively short period of time. Cardiopulmonary resuscitation is presumed to be life-sustaining treatment without the necessity of a medical judgment by an attending physician.

(j) Major medical treatment means a medical, surgical, or diagnostic intervention or procedure as defined in section 80.03(a) of the MHL, including any such intervention or procedure that involves hospice admission pursuant to article 40 of the PHL. Major medical treatment includes any professional diagnosis or treatment in which informed consent is required by law.

(k) Mental Hygiene Legal Services (MHLS) means a program under the jurisdiction of the judicial branch of government and which provides legal assistance to patients pursuant to article 47 of the MHL.

(l) Minor means a person who has not attained the age of 18 years, unless each of the minor’s parents satisfy one of the following conditions: the parent’s parental rights have been legally terminated; the parent is deceased; the parent has indicated his or her willingness to allow the panel to proceed.

(m) Panel means a group of four members; however, nothing in this Part shall preclude the panel from operating with less than four members in accordance with section 80.05(g) of the MHL and section 710.5 (a)(6) of this Part. A panel shall include members from each of the following groups:

(n) Panel chairperson means the person designated by the surrogate decision-making committee program or its designee. The panel chairperson serves at the pleasure of the surrogate decision-making committee program.

(o) Patient means a patient in need of surrogate decision-making as that term is defined in section 80.03(b) of the MHL.

(p) Providers of health services means: individuals, associations, corporations, or public or private agencies other than State agencies, providing services to persons with developmental disabilities; facilities operated by OASAS, OMH, or OPWDD, except in family care homes; hospitals as defined in article 28 of the PHL; and dentists and physicians.

(q) Program staff means employees of the Justice Center who administer the surrogate decision-making committee, or a designee.

(r) Service coordination provider means an employee of any agency, or an independent contractor or other party so designated, who provides active assistance to patients as they access and negotiate the various service systems in pursuit of the necessary and desired services and supports to achieve and maintain their personal goals.