§ 80.11 Effect of determination that a person is in need of surrogate\n decision-making.\n The determination by a panel that a patient is in need of surrogate\ndecision-making under this article shall not be construed or deemed to\nbe a determination that such person is impaired or incompetent pursuant\nto article seventy-seven or seventy-eight of this chapter, nor shall it\nbe valid for any other purpose or any other future medical treatment,\nunless the determination explicitly applies to related or continuing\ntreatment necessitated by the original treatment. Nothing in this\narticle shall be construed to limit the availability of other lawful\nmeans to obtain substitute consent for medical treatment, without\nutilizing the procedures set forth in this article. No person shall be\ndeemed to have failed to exhaust administrative remedies by commencing a\nlegal action to obtain consent to or refusal of medical treatment in the\nabsence of or prior to a review of the case by a surrogate\ndecision-making committee or panel.\n
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