2010 New York Code
PBH - Public Health
Article 29-CC - (2994-A - 2994-U) FAMILY HEALTH CARE DECISIONS ACT
2994-B - Applicability; priority of certain other surrogate decision-making laws and regulations.

§   2994-b.   Applicability;   priority  of  certain  other  surrogate
  decision-making laws and regulations. 1. This  article  shall  apply  to
  health  care decisions regarding health care provided in a hospital to a
  patient who lacks decision-making capacity, except as  limited  by  this
  section.
    2.  Prior  to  seeking  or  relying  upon  a health care decision by a
  surrogate for a patient under  this  article,  the  attending  physician
  shall  make  reasonable  efforts  to determine whether the patient has a
  health care agent appointed pursuant to article  twenty-nine-C  of  this
  chapter.  If so, health care decisions for the patient shall be governed
  by such article, and shall have priority over  decisions  by  any  other
  person  except  the  patient or as otherwise provided in the health care
  proxy.
    3. Prior to seeking or relying  upon  a  health  care  decision  by  a
  surrogate  for  a patient under this article, if the attending physician
  has reason to believe that  the  patient  has  a  history  of  receiving
  services  for  mental  retardation  or  a  developmental  disability; it
  reasonably appears to the  attending  physician  that  the  patient  has
  mental  retardation  or  a  developmental  disability;  or the attending
  physician has reason to believe that the patient  has  been  transferred
  from  a  mental  hygiene  facility operated or licensed by the office of
  mental health, then such physician  shall  make  reasonable  efforts  to
  determine  whether  paragraphs  (a),  (b) or (c) of this subdivision are
  applicable:
    (a) If the patient has a guardian appointed by  a  court  pursuant  to
  article  seventeen-A of the surrogate's court procedure act, health care
  decisions for the patient shall be governed by section seventeen hundred
  fifty-b of the surrogate's court proceedure act and not by this article.
    (b) If a patient does  not  have  a  guardian  appointed  by  a  court
  pursuant  to  article seventeen-A of the surrogate's court procedure act
  but falls within the class of persons  described  in  paragraph  (a)  of
  subdivision  one  of  section  seventeen  hundred  fifty-b  of such act,
  decisions to withdraw or  withhold  life-sustaining  treatment  for  the
  patient  shall  be  governed by section seventeen hundred fifty-b of the
  surrogate's court procedure act and not by this article.
    (c) If a health care decision for  a  patient  cannot  be  made  under
  paragraphs  (a) or (b) of this subdivision, but consent for the decision
  may be provided pursuant to the mental hygiene law or regulations of the
  office of  mental  health  or  the  office  of  mental  retardation  and
  developmental  disabilities, then the decision shall be governed by such
  statute or regulations and not by this article.
    4. If, after reasonable efforts, it is determined that a  health  care
  decision  for  the patient cannot be made pursuant to subdivision two or
  three of this section, then the  health  care  decision  shall  be  made
  pursuant to this article.