2012 New York Consolidated Laws
PBH - Public Health
Article 29-B - (2960 - 2979) ORDERS NOT TO RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES
2965 - Surrogate decision-making.

 
    §  2965.  Surrogate decision-making. 1. (a) The consent of a surrogate
  or health care agent acting on behalf of  an  adult  patient  who  lacks
  capacity  or  on  behalf  of  an  adult  patient  for  whom consent by a
  surrogate or health care agent is authorized  by  subdivision  three  of
  section  twenty-nine hundred sixty-four of this article must be obtained
  prior to issuing an order not to  resuscitate  the  patient,  except  as
  provided  in  paragraph  (b)  of this subdivision or section twenty-nine
  hundred sixty-six of this article.
    (b) The consent of a surrogate or  health  care  agent  shall  not  be
  required  where the adult had, prior to losing capacity, consented to an
  order  not  to  resuscitate  pursuant  to  subdivision  two  of  section
  twenty-nine hundred sixty-four of this article.
    (c)  A  decision  regarding  cardiopulmonary resuscitation by a health
  care agent on a principal's behalf is governed by article  twenty-nine-C
  of  this  chapter  and  shall  have priority over decisions by any other
  person, except the patient or as otherwise provided in the  health  care
  proxy.
    2.    (a) One person from the following list, to be chosen in order of
  priority listed,  when  persons  in  the  prior  subparagraphs  are  not
  reasonably  available,  willing to make a decision regarding issuance of
  an order not to resuscitate, and competent to make a decision  regarding
  issuance of an order not to resuscitate, shall have the authority to act
  as  surrogate  on  behalf  of  the  patient.  However,  such  person may
  designate any other person on the list to be surrogate, provided no  one
  in a higher class than the person designated objects:
    (i)  a  guardian  authorized  to  decide about health care pursuant to
  article eighty-one of the mental hygiene law or a guardian of  a  person
  appointed  under  article seventeen-A of the surrogate's court procedure
  act, provided that this paragraph shall not be construed to require  the
  appointment  of  a  guardian for the purpose of making the resuscitation
  decision;
    (ii) the spouse, if not legally separated from  the  patient,  or  the
  domestic partner;
    (iii) a son or daughter eighteen years of age or older;
    (iv) a parent;
    (v) a brother or sister eighteen years of age or older; and
    (vi) a close friend.
    (b)  After  the surrogate has been identified, the name of such person
  shall be included in the patient's medical chart.
    3. (a) The surrogate shall make a decision  regarding  cardiopulmonary
  resuscitation  on  the  basis  of the adult patient's wishes including a
  consideration of the patient's religious and moral beliefs, or,  if  the
  patient's  wishes are unknown and cannot be ascertained, on the basis of
  the patient's best interests.
    (b) Notwithstanding any law to the contrary, the surrogate shall  have
  the same right as the patient to receive medical information and medical
  records.
    (c)  A  surrogate may consent to an order not to resuscitate on behalf
  of an adult patient only  if  there  has  been  a  determination  by  an
  attending  physician  with the concurrence of another physician selected
  by a person authorized by the hospital to  make  such  selection,  given
  after  personal  examination of the patient that, to a reasonable degree
  of medical certainty:
    (i) the patient has a terminal condition; or
    (ii) the patient is permanently unconscious; or
    (iii) resuscitation would be medically futile; or

    (iv) resuscitation would impose an extraordinary burden on the patient
  in light of the patient's medical condition and the expected outcome  of
  resuscitation for the patient.
    Each determination shall be included in the patient's medical chart.
    4. (a) A surrogate shall express a decision consenting to an order not
  to  resuscitate either (i) in writing, dated, and signed in the presence
  of one witness eighteen years  of  age  or  older  who  shall  sign  the
  decision, or (ii) orally, to two persons eighteen years of age or older,
  one  of  whom  is  a physician affiliated with the hospital in which the
  patient is being treated. Any such decision shall  be  recorded  in  the
  patient's medical chart.
    (b)  The  attending  physician  who is provided with the decision of a
  surrogate shall include the decision in the patient's medical chart and,
  if the surrogate has consented to  the  issuance  of  an  order  not  to
  resuscitate, shall either:
    (i)  promptly issue an order not to resuscitate the patient and inform
  the hospital staff responsible for the patient's care of the order; or
    (ii) promptly make the attending physician's objection to the issuance
  of such an order known to the surrogate and either make  all  reasonable
  efforts to arrange for the transfer of the patient to another physician,
  if  necessary,  or  promptly  refer  the matter to the dispute mediation
  system.
    (c) If the attending physician has actual notice of  opposition  to  a
  surrogate's  consent to an order not to resuscitate by any person on the
  surrogate list, the physician shall submit the  matter  to  the  dispute
  mediation  system and such order shall not be issued or shall be revoked
  in accordance with  the  provisions  of  subdivision  three  of  section
  twenty-nine hundred seventy-two of this article.